David Mandelbaum’s monthly column in The Legal Intelligencer/Pennsylvania Law Weekly discusses Sackett v. EPA as does a recent GT Alert by Jerry Stouck and David Weinstein. Sackett allows pre-enforcement review of Clean Water Act enforcement orders.
The U.S. EPA and the U.S. Corps of Engineers have extended the comment period on the proposed joint guidance issued on May 2, 2011. The proposed guidance describes how the agencies will identify waters subject to regulation under Section 404 of the Clean Water Act, expanding the scope of Clean Water Act jurisdiction under existing guidance.
U.S. Corps of Engineers voluntarily dismisses its appeal to the Eleventh Circuit over wetlands regulations in New Hope Power Co. v. U.S. Corps of Engineers.
On September 28, U.S. District Judge K. Michael Moore of the Southern District of Florida entered an order setting aside and enjoining enforcement of the U.S. Army Corps of Engineers’ guidance documents that together had significantly modified the Corps’ interpretation of its wetlands regulation that states: “[W]aters of the United States do not include prior converted cropland.”