Supreme Court Limits Federal Clean Water Act Jurisdiction
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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).
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
Predictions for WOTUS under President Biden
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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 MoreWOTUS Changes....Again
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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 MoreWOTUS Rule Back On (For Now)
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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 MoreFour Major Federal Agriculture Stories from 2017
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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.
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How will courts determine the “intent” of the drafter when AI becomes the author of contracts?