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Brooks Law Digest: Clean Water Act

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Environmental Groups Announce Intent to Challenge CWA Rule Under ESA
February 18, 2020

Thirteen environmental groups, including the Center for Biological Diversity and the Center for Food Safety, gave formal notice of their intent to sue the Environmental Protection Agency and U.S. Army Corps of Engineers for violating the Endangered Species Act. The groups allege that the agencies violated the Endangered Species Act when they finalized a rule re-defining the scope of waters protected under the Clean Water Act without engaging in mandatory Section 7 consultation under the Endangered Species Act.

Environmental Groups Sue Over Waters of the United States Rule
October 24, 2019

The Natural Resources Defense Council, Defenders of Wildlife, and other local groups have filed a lawsuit against the Environmental Protection Agency claiming that the administration’s rollback of a Clean Water Act rule violates the Administrative Procedure Act in multiple ways.

Cattle Industry Sues over WOTUS Rollback
October 23, 2019

The New Mexico Cattle Growers’ Association has filed a suit against the Trump administration claiming that the administration’s replacement of an Obama-era Clean Water Act rule is unconstitutional. The group is arguing that while the Obama-era rule should have been backtracked, the agency’s replacement rule is a 1986 guidance that it also believes is unconstitutional.

EPA Finalizes Clean water Act WOTUS Rule
October 22, 2019

The Environmental Protection Agency released its final Waters of the United States rule under the Clean Water Act, cementing its rollback of the Obama-era regulation that ensured additional protections for streams, wetlands, rivers, and lakes.

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