Author: Lindsay Box

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FOR IMMEDIATE RELEASE: Federal Agencies Narrow Scope of Federally Protected “Waters of the United States” But Tribe Intends to Protect Tribal Waters

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FOR MORE INFORMATION CONTACT Christine Sage, Chairman – 970.563.0100   FOR IMMEDIATE RELEASE: June 4, 2020 – 9:00 A.M. Federal Agencies Narrow Scope of Federally Protected “Waters of the United States” But Tribe Intends to Protect Tribal Waters Southern Ute Indian Reservation – Notwithstanding the Tribe’s strong opposition, on January 23, 2020, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively the “Agencies”), the agencies responsible for administering the Clean Water Act, finalized a rule to define “waters of the United States” (“Final Rule”). Under the Clean Water Act, there is federal authority to regulate the discharge of pollutants and the placement of fill into “navigable waters.” The Clean Water Act defines “navigable waters” to mean “the waters of the United States.” Whether a particular water body is jurisdictional as a “water of the United States” is a threshold question for determining whether a discharge into that water will require a permit under the Clean Water Act or whether a spill (i.e., an unpermitted discharge) is a violation of the Clean Water Act and subject to an enforcement action by the Agencies. In other words, under the Clean Water Act, the scope of federal regulatory authority is […]

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