17 May, 2024 EPA's heart may be in the right place but it is cruisin' for a bruisin' in San Francisco By Jeff Porter This week our nation's highest court was scheduled to discuss whether to hear the City and County of San Francisco's appeal of a split...
31 Aug, 2023 Instead of complaining about EPA's definitions of Waters of the United States, perhaps Congress might supply one of its own? By Jeff Porter Sam Hess's report in Inside EPA paints a nuanced picture of the apparently never ending controversy over the reach of the Clean Water...
30 Aug, 2023 EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow. By Jeff Porter Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal...
05 Jul, 2023 Kudos to Kentucky, not that the 6th Circuit stay of its WOTUS challenge is going to matter very much. By Jeff Porter Just before the July 4th holiday I was wondering what opponents to EPA's and the Army Corps of Engineers' now moribund Waters of the...
12 Apr, 2023 Surprising no one, EPA's eighth attempt to determine the reach of the Clean Water Act is now the law in less than half of the United States! By Jeff Porter With the signatures of two Federal District Court Judges, one in Texas and one in North Dakota, EPA's eighth attempt to determine the...
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 By Jeff Porter Yesterday President Biden vetoed the Congressional Review Act resolution that would have repealed EPA's eighth attempt to determine the...
04 Apr, 2023 EPA's most recent Waters of the United States rule endures a challenge in Kentucky, at least for now. By Jeff Porter Federal District Court Judge Gregory Van Tatenhove has dismissed a lawsuit brought by the Commonwealth of Kentucky and various industry...
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...
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...
15 Oct, 2021 Baby Steps Toward a New WOTUS Rule By Jeff Porter In What About Bob, a movie worth seeing only if you, like me, think every film including Bill Murray is worth seeing, the fictional guru...
13 Oct, 2021 The end of the (most recent) WOTUS beginning? By Jeff Porter Lara Beaven, of Inside EPA, reports this afternoon that EPA has shared with the White House Office of Management and Budget what EPA...