WOTUS, Yet Again.

WOTUS, Yet Again.

One area of law refuses to stay consistent from year to year—Waters of the United States (WOTUS). The EPA and Army Corps recently amended a rule (mostly) in alignment with the Supreme Court’s Sackett decision.

Read More

Supreme Court Limits Federal Clean Water Act Jurisdiction

Supreme Court Limits Federal Clean Water Act Jurisdiction

The Court narrowed the reach of the Clean Water Act in Sackett v. EPA by limiting what wetlands are considered Waters of the United States (WOTUS).

Read More

The Big Stories from 2022

The Big Stories from 2022

Brianna counts down the top stories of 2022 and looks ahead to 2023.

Read More

Sackett Part 2: What is a Wetland, Anyway?

Sackett Part 2: What is a Wetland, Anyway?

Whether land is a “wetland” covered by the Clean Water Act is a perennial issue for farmers and developers. Now the Supreme Court is taking that question up—will we finally get a solid answer?

Read More

Predictions for WOTUS under President Biden

Predictions for WOTUS under President Biden

We are about one month away from a change in presidential administrations. The Biden administration will likely bring many obvious changes to the federal government, but will it impact whether the government has jurisdiction over ground or waters on your property? In other words, will the Biden government seek to change the definition of WOTUS?

Read More

WOTUS Changes....Again

WOTUS Changes....Again

The Trump administration released its new Navigable Waters Protection Rule (NWPR) on January 23, 2020. This blog explores how that change affects US agriculture.

Read More

WOTUS Rule Back On (For Now)

WOTUS Rule Back On (For Now)

In the constant back and forth of numerous court cases across the country, regulatory action, and congressional posturing, it can be hard to keep track of what waters the EPA has jurisdiction over any more. Most recently, a federal district court in South Carolina issued an order striking a rule that would delay implementation of the 2015 WOTUS definition.

Read More
Comment

Four Major Federal Agriculture Stories from 2017

Four Major Federal Agriculture Stories from 2017

The past 365 days have been a wild ride, complete with major changes to federal programs relied on by farmers and ag businesses. Four federal stories dominated 2017: WOTUS, NAFTA, GIPSA, and Air Emissions. 

Read More

What does Trump mean for EPA's Waters of the US Rule?

What does Trump mean for EPA's Waters of the US Rule?

During the presidential campaign, Donald Trump indicated he would gut the EPA and vastly reduce the number and scope of federal regulations. Now that Trump has been elected, what can we expect from his administration on the Waters of the US (WOTUS) rule that is currently in legal limbo? 

Read More
Comment