Tag: Corps

Jurisdictional Determination

The Supreme Court today found that an “approved jurisdictional determination” whether a property contains “waters of the United States” is a final agency action and can be taken through court review. The case of the United States Army Corps of Engineers v. Hawkes Co. Inc., et al was an appeal by the Corps from the […]

EPA Rulemaking: Fast and Furious

With all of the buzz surrounding the release of the GHG NSPS Proposed Rule, several water-related pieces of EPA rulemaking have gotten lost. First, on September 4th, EPA released the long-awaited proposed rulemaking on Water Quality Standards. Next, on September 17th, EPA and the US Army Corps of Engineers finally sent to OMB a proposed rule […]

Army Corps of Engineers Scope Defined

Another precedent was set on Friday, August 23rd in the long running legal challenge to mountaintop mining.  In his decision, U.S. District Senior Judge Thomas B. Russell of Louisville ruled that the Army Corps of Engineers does not have “to consider the cumulative effects of mining operations as a whole” when issuing a permit.  Mr. […]