Clean Water Act Jurisdiction COE Talk: Links to Relevant Materials
Posted on November 19, 2014
I am giving a presentation this afternoon at the annual Conference on the Environment, co-sponsored by the Minnesota Section, Central States Water Environment Association, a member association of the Water Environment Federation, and the Air & Waste Management Association – Upper Midwest Section. The presentation is called Clean Water Act Jurisdiction: Where We’ve Been and Where We’re Going, and I wanted to post some relevant links to the materials referenced in the talk. So, here they are, in no particular order….
- Commerce Clause background
- Section 402 of the Clean Water Act (NPDES requirement) (see also the definition section)
- Section 404 of the Clean Water Act (404 permit requirement)
- U.S. v. Riverside Bayview Homes, Inc., 474 U.S. 121, 132 (1985)
- Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (“SWANCC”), 531 U.S. 159 (2001)
- Migratory Bird Rule (1986), see page 41217
- Rapanos v. U.S., 547 U.S. 715 (2006)
- US Corps’ and EPA’s Proposed Rule “Defining Waters of the United States” (April 21, 2014)
- Interpretive Rule Regarding the Exemption of Certain Agricultural Conservation Practices from the 404 Permit Requirement (April 21, 2014)
- EPA Website Explaining the Proposed Rule
- The “Connectivity Study”
- Article on Suggested Stormwater Feature Exemption from Jurisdiction
Let me know if I have missed anything. I’d be happy to send along any additional materials or answer any questions you may have.