03 May, 2023 Confucius said life is really simple but we insist on making it complicated. That brings us to EPA's announcement yesterday about the Clean Water Act. By Jeff Porter While we were all patiently waiting for the United States Supreme Court's opinion (or opinions) in Sackett v. EPA, Bloomberg Environment...
07 Apr, 2023 50 years later, another President is at odds with Congress over the Clean Water Act. What's next? By Jeff Porter Yesterday President Biden vetoed the Congressional Review Act resolution that would have repealed EPA's eighth attempt to determine the...
20 Mar, 2023 EPA's eighth attempt to define the reach of the Federal Clean Water Act will be the law in no more than 48 of the 50 states (so far) By Jeff Porter Like I said at the beginning of the month, most of us have seen this sad movie before so it is no surprise that EPA's eighth attempt to...
06 Mar, 2023 In defending its eighth attempt to determine the reach of the Clean Water Act, EPA offers an imaginative interpretation of "status quo" By Jeff Porter EPA has now opposed the motions of the State of Kentucky and several industry groups to enjoin its eighth attempt to determine the...
07 Oct, 2022 The Maui in the Mountains Case is Over . . . For Now By Jeff Porter This week a Federal Judge in Montana threw out a NGO's citizen suit against the Yellowstone Mountain Club for what the NGO claimed were...
15 Sep, 2022 The Executive Branch is racing the Supreme Court to a "stable" definition of Waters of the United States but it can't win, only Congress can. By Jeff Porter EPA and the Army Corps of Engineers have asked the White House Office of Management and Budget to review its most recent attempt to...
22 Jun, 2022 EPA follows the first rule of holes in its eighth attempt to determine the reach of the Clean Water Act By Jeff Porter EPA has announced that the second part of its eighth attempt to define the reach of the Clean Water Act will be delayed until November of...
20 Apr, 2022 If you want a sneak preview of the SCOTUS majority opinion in Rapanos (take two) read the Chamber of Commerce's Brief By Jeff Porter Bloomberg has published the United States Chamber of Commerce's amicus brief in the Rapanos case. As many of you know, the Supreme Court...
12 Apr, 2022 I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus" test is in trouble By Jeff Porter Yesterday the Sacketts of Idaho shared with the United States Supreme Court, and the rest of us, their proposed definition of the...
07 Jan, 2022 A Snowman Analogy for EPA's WOTUS Effort on the First Snowy Day in Boston! By Jeff Porter Lara Beaven, the excellent reporter on all things having to do with the Clean Water Act at Inside EPA, shares what we might expect from...
03 Dec, 2021 The Best Available Science Only Gets You So Far! By Jeff Porter It has been a busy few weeks in the world of Waters of the United States. I appreciate the feedback I've received on my blogs on the...
30 Nov, 2021 EPA Seeks to Avoid Second Trip to the Supreme Court with the Sacketts By Jeff Porter The Sacketts of Idaho want the Supreme Court of the United States to intervene on their behalf for a second time. Now, just weeks...
08 Sep, 2021 Not with a bang but a whimper -- EPA decides no Clean Water Act regulations better after all By Jeff Porter In June, EPA said it intended its current regulations determining the reach of the Clean Water Act to remain in place while it developed...
31 Aug, 2021 Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread? By Jeff Porter News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to...
15 Apr, 2021 Just (Knowingly) Add Water Part 3 By Jeff Porter This morning Lara Beaven of Inside EPA writes of the continuing legal battle between the Sacketts of Idaho and the United States...