U.S. Supreme Court,
Environmental & Energy
Aug. 3, 2020
What is a “Water of the United States?”
Courts are already issuing conflicting decisions in litigation involving the new WOTUS regulations.
Marc R. Bruner
Partner
Perkins Coie LLP
Email: mbruner@perkinscoie.com
Marc represents governmental entities and private companies in a wide variety of environmental and land use matters arising under federal, state and local laws and regulations, including the Clean Water Act, the California Porter-Cologne Water Quality Control Act, the federal and California Endangered Species Acts, the National Environmental Policy Act and the California Environmental Quality Act.
According to the joint press release issued by the Environmental Protection Agency and the Army Corps of Engineers earlier this year, the agencies' "Navigable Waters Protection Rule" will "eliminate the confusion" over the scope of the Clean Water Act and provide "much needed regulatory certainty and predictability for American farmers, landowners and businesses." (The agencies issued a pre-publication version of the rule in January, but did not officially publish it ...
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