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Plugging Holes in the Clean Water Act: EPA and ACOE Release their Proposed Replacement Rule Defining “WOTUS”

On December 11, 2018, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced proposed changes to the agencies’ definition of “waters of the United States” (WOTUS). This...more

Courts Still Trying to Plug the Clean Water Act’s Holes: Meanwhile, Tanks, Pipes, Pits, and Other Leaking Facilities Remain...

OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more

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