August 17, 2017

August 16, 2017

Subscribe to Latest Legal News and Analysis

August 15, 2017

Subscribe to Latest Legal News and Analysis

August 14, 2017

Subscribe to Latest Legal News and Analysis

Corps and EPA Solicit Public Comment on Restoring Pre-Clean Water Rule Regulations

On July 27, 2017, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published their proposed rule to rescind the Clean Water Rule. This is the same rule that was released in pre-publication form in June, which we described in a previous entry.

The rule is the first step in the two-step process the agencies announced in implementing the Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule” that was issued on February 28, 2017. The second step involves proposing a new definition of waters of the United States based on Justice Scalia’s plurality decision outlined in Rapanos v. United States, 547 U.S. 715 (2006).

The agencies seek comment on whether, as an interim step, to restore the pre-Clean Water Rule definitions and regulations. The comment period ends on August 28, 2017. Comments on the definition of waters of the United States will be sought in a second, subsequent rulemaking.

Copyright © 2017, Sheppard Mullin Richter & Hampton LLP.

TRENDING LEGAL ANALYSIS


About this Author

S. Keith Garner, Sheppard Mullin, Legal Specialist, environmental laws
Partner

Keith Garner, AICP, is a partner in the Real Estate, Land Use, Natural Resources and Environmental Practice Group in the firm's San Francisco office.

Areas of Practice

Mr. Garner's practice focuses on state and federal environmental laws, land use planning and entitlement procedures, and natural resources permitting issues for large residential, commercial and mixed use communities and energy generation and transmission projects, including wind and solar facilities. He provides legal and strategic planning advice to clients at every stage of the complex...

415-774-2991
James Rusk, land use attorney, sheppard mullin
Associate

James Rusk is an associate with the Land Use and Natural Resources practice group in the firm’s San Francisco office.

Areas of Practice

Natural Resources. Mr. Rusk represents residential, commercial and energy developers in natural resources permitting, regulatory compliance and litigation. He focuses on endangered species, wetlands, and storm water issues under federal and state law, in addition to compliance with the National Environmental Policy Act ("NEPA") and California Environmental Quality Act ("CEQA"). Because every project is inherently local, he complements his substantive knowledge with expertise in local development ordinances and procedures. He has worked on major projects all over the state, from the Bay Area to the Central Valley and Southern California.

415-774-3232