In an 8-0 decision, the United States Supreme Court held that designating a property as a Water of the United States was a final agency action. Landowners now have the ability to challenge designations of Waters of the United States before penalty actions are commenced. This decision gives landowners greater flexibility in fighting an erroneous designation. A landowner can now file a challenge to a wetlands designation without the same risk regarding fines. For more information, please contact Phillip Hoover.
Tag: Army Corps of Engineers
Proposed Rule on U.S. Jurisdictional Waters Facing Heavy Criticism
On April 21, 2014, the U.S. Army Corps of Engineers and the Environmental Protection Agency (“EPA”) proposed a rule defining the scope of waters protected under the Clean Water Act (“CWA”). The purpose of the rule was to provide clarification after a number of Supreme Court cases which had cast doubt on the existing understanding of what constitutes federal water. The proposed rule contains more than 100 exemptions from federal jurisdiction; however, critics note that the qualifications to those exemptions will mean that exempt status will have to be determined on a case-by-case basis. Click here to read the rule… Read more