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SWS News Blog

Society of Wetland Scientists News Blog

WOTUS Rulings - Good news in Colorado and disappointing news in California

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Colorado Some good news: the rule appears to be enjoined in Colorado (where judge did not permit amici briefs): https://www.bloomberglaw.com/public/desktop/document/StateofColoradoThevUSEnvironmentalProtectionAgencyetalDocketNo120/4?1592664339 CaliforniaThe Court denied the motion for a preliminary injunction, and the Navigable Waters Protection Ru...
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Our work is making a big splash!

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The SWS Executive Board would like to thank the SWS Policy Section, especially Royal Gardner and his team of attorneys as well as all of our members that played a role, along with our aquatic science partner societies, in preparation of the amici brief recently cited in the U.S. Supreme Court's opinion in County of Maui v. Hawai...
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Repeal of the 2015 Clean Water Rule

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On October 22, 2019, the Agencies published the final rule to repeal the 2015 CWR in the Federal Register, with an effective date of December 23, 2019. See EPA website: https://www.epa.gov/wotus-rule/step-one-repeal. With this repeal, step 1 in a 2 step process, the agencies will implement the pre-2015 regulations. The final rule takes effect ...
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New proposed rule posted, comment period ends April 15

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The revised WOTUS Definition Proposed by the Engineers Corps and the Environmental Protection Agency was posted to the Federal Register on February 14. The document has a comment period that ends April 15, 2019. SWS WOTUS Comment LetterScience Societies WOTUS Comment LetterRequest for 200-day Comment Period 
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SWS joins other aquatic science societies in opposing the WOTUS Rule to replace the 2015 Clean Water Rule

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The EPA and US Army Corps of Engineers issued a proposed Rule to replace the 2015 Clean Water Rule, which will greatly reduce the area of wetlands, headwaters, ephemeral and isolated wetlands and waters that are federally protected. SWS members who wish to comment on this Rule will have 60 days to submit comments once the Rule is published in ...
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South Carolina U.S. District Court issues nationwide injunction rendering CWR Suspension Rule void

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The U.S. District Court for the District of South Carolina found that the Trump administration improperly suspended the Clean Water Rule (Read the Order). Specifically, the Court held that (1) the EPA and Corps violated the Administrative Procedure Act (APA) by refusing to solicit public comment on the merits of suspending the Clean Water Rule and ...
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Another Amicus Curiae Brief in Support of Clean Water Rule is Filed on Behalf of the Society of Wetland Scientists

On July 24, 2018 an amicus curiae brief in support of Clean Water Rule was filed in the North Dakota Waters of the United States (WOTUS) Clean Water Rule case. The brief reiterates that the Clean Water Rule is scientifically sound and is based on state of the science studies, including those in the EPA's Connectivity Report.The Connectivity Report ...
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SWS files Amicus Brief in Clean Water Rule suspension case

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On Monday, the Society of Wetland Scientists filed an amicus curiae brief in the U.S. District Court for the Southern District of New York to emphasize the importance of science in agency rulemakings. Several states and organizations have filed suit against the Trump administration for the suspension of the Clean Water Rule. The SWS brief asserts t...
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Waters of the United States applicability date published

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On February 6, the U.S. Army and EPA published a revised Clean Water Rule in the Federal Register that includes an applicability date. The purpose of the applicability date is to provide continuity and regulatory certainty for regulated entities while the agencies continue to consider possible revisions to the 2015 rule.
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Supreme Court decision on WOTUS jurisdiction spurs EPA action

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Written by the American Fisheries SocietyOn January 22, the U.S. Supreme Court ruled that challenges to the Waters of the U.S. (WOTUS) rule must be heard in district courts rather than in U.S. Federal Courts of Appeal presenting a procedural hurdle to the Trump Administration's efforts to repeal and replace the 2015 rule with a narrower rule.Indust...
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