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Tag: WOTUS rule

If federal authority ebbs, will states take the lead on regulating upstream water quality?

Since 1972, the Environmental Protection Agency has regulated discharges of pollution to “waters of the United States.” The meaning of … More

environmental federalism, federalism, free market environmentalism, libertarian environmentalism, WOTUS, WOTUS rule

Will WOTUS reform end wetland banking?

According to media reports, EPA Administrator Scott Pruitt has sent his proposed revision of the WOTUS rule—the rule that defines … More

Clean Water Act, CWA, free market environmentalism, libertarian environmentalism, mitigation banking, wetland, wetland banking, wetlands, WOTUS, WOTUS rule

The Supreme Court wrestles again with the Clean Water Act’s due process deficit

Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More

clean water, Clean Water Act, Due Process Clause, environment, Property Rights, regulation, WOTUS, WOTUS rule

Has Justice Kennedy tied EPA’s hands on WOTUS?

Is EPA tied to Justice Kennedy’s mushy test for Clean Water Act jurisdiction? No. Federalism, the fact that it is a criminal statute, and Kennedy’s acknowledgment that the statute is hopelessly vague all justify EPA substantially narrowing bureaucrats’ authority.

Clean Water Act, Justice Kennedy, Rapanos, Rapanos v United States, Supreme Court, WOTUS, WOTUS rule

Fact checkers should steer clear of difficult legal questions

[Update: The Washington Post’s Fact Checker has updated the article to acknowledge this response.] Last week, President Trump issued an … More

Andy Johnson, Andy Johnson v EPA, CWA, Fact Checker, stock pond exemption, WOTUS, WOTUS rule, Wyoming pond

Executive order on WOTUS signals start of Clean Water Act reform

The President’s WOTUS executive order has begun the process for reforming the Clean Water Act, so that fewer people find themselves in the nightmare experienced by a Wyoming property owner threatened with $20 million in fines for building a pond.

Andy Johnson, Andy Johnson v EPA, Clean Water Act, Executive Order, President Trump, Waters of the United States, WOTUS, WOTUS executive order, WOTUS rule, Wyoming pond

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