Yesterday, 3/21/2012, the Supreme Court handed down a decision in Sackett v. EPA, No. 10-1062, concluding that “[...] the compliance order in this case is final agency action for which there is no adequate remedy other than APA review, and that the Clean Water Act does not preclude that review. We therefore reverse the judgment [...]
Archive for the ‘Wetlands’ Category
18 Jan
Obama Administration/FWS Issue Final Rule on Ferocious Snakes
For decades, negligent Florida pet owners have been letting their domestic reptiles slip through screen doors and out into the warm, wet embrace of the Florida Everglades. Large snakes like the Burmese python and the yellow anaconda, often inexpensive to buy at pet stores, have in the last two decades become an enormous threat to [...]
9 Jan
The Sackett Racket: Oral Arguments in the Supreme Court in Sackett v. EPA
UPDATE: Supreme Court Renders Decision in Sackett v. EPA Our previous coverage of Sackett v. United States Environmental Protection Agency generated the most traffic of almost any other post on our blog. The people – including Chantell and Michael Sackett – want to know: “If EPA essentially seizes control of your property by labeling it as [...]
7 Jan
Last Week In Environmental Impact Statements: Wind & Wetlands
While Federal agencies are required to prepare Environmental Impact Statements in accordance with 40 CFR Part 1502, and to file the EISs with the EPA as specified in 40 CFR 1506.9, the EPA doesn’t yet provide a central repository for filing and viewing EISs electronically. Instead, each week they prepare a digest of the preceding [...]
3 May
EPA and Army Corps of Engineers Issue Draft Guidance on Identifying Waters Protected by the Clean Water Act
On May 2, 2011, the EPA and the U.S. Army Corps of Engineers jointly issued a request for comments in the Federal Register on draft guidance that is intended to clarify how the two agencies will make determinations about whether waters are protected by the Clean Water Act (33 USC §1251 et seq.). The proposed [...]
18 Nov
Leaked Corps Notice Favors Renewable Energy Over Wetlands
Will the Army Corps of Engineers move forward with a plan to permit construction of renewable energy facilities on wetlands and streams? A draft proposal leaked earlier last week reveals that the Corps is contemplating creating three new nationwide permits (NWPs) that would allow for the discharge of dredged or fill material into non-tidal waters [...]
