Tag: WOTUS


Ongoing Fallout: WOTUS Litigation Pose Hurdles For Permit Applicants

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In August of this year, the U.S. District Court of South Carolina halted a federal moratorium on the 2015 Obama era WOTUS rule for 22 states.  As a result, two different federal definitions are being applied in states across the country as to what constitutes a “water of the US”.  Naturally this is problematic for […]


MSECA meeting on IDEM Programs & Policies

I was really pleased to attend The Midwestern States Environmental Consultants Association (MSECA) meeting last week on IDEM Programs and Policies. There was a great lineup of IDEM management speakers, and many relevant topics were discussed. Managers from the Offices of Air, Water, and Land Quality spoke about priorities and challenges. One overriding theme was […]


WOTUS Rule to Be Rescinded or Revised

The Clean Water Rule: Definition of “Waters of the United States” (WOTUS) was published in the Federal Register on June 29, 2015 and became effective on August 28, 2015.  According to the EPA, the rule was developed “to respond to an urgent need to improve and simplify the process for identifying waters that are and are not protected […]


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 […]


Update on WOTUS

Last year (2014), EPA published a proposed rule redefining a Water of the United States.   The public comment period has closed and EPA has not yet published its final rule.  However, there was a Congressional Hearing on the proposed rule earlier this week.  As a result of the hearing, U.S. Sen. Jim Inhofe (R-OKla.), chairman […]

WOTUS