EPA Clean Water Rule Rests On High Court Army Corps Case

Law360, New York (August 25, 2016, 12:09 PM EDT) -- While property owners are in limbo waiting for challenges to the U.S. Environmental Protection Agency's clean water rule, in particular the new definition of "waters of the United States," to wind through the courts, the U.S. Supreme Court has ruled that they no longer need to await enforcement proceedings before challenging an Army Corps' jurisdictional determination that waters of the United States exist on a property. U.S. Army Corps of Engineers v. Hawkes Co. Inc., ___U.S.___, Case No. 15-290 (May 31, 2016).

The Supreme Court has severely undermined the Army Corps' ability to extend its reach to upstream waters, which require...

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