Internal USEPA Memo Details Clean Water Act Enforcement Problems

This may be old news to some; however, from my discussions with various practitioners the issues are not out in the community - yet.  An internal USEPA memorandum has surfaced that details impacts to USEPA’s Clean Water Act enforcement program resulting from guidance issued by USEPA and the United States Army Corps of Engineers (“Corps”) directing the USEPA’s and the Corps’ application of the SCOTUS’s decision in Rapanos v. United States. The memo, which shows that the Rapanos decision, as applied by the USEPA and Corps, has significantly affected enforcement of the Clean Water Act, has some powerful members of Congress asking questions about the efficacy of USEPA’s enforcement program.  A link to the memorandum is below:

 

http://www.zimbio.com/pilot?ZURL=%2FAdministrator%2BStephen%2BJohnson%2Farticles%2F7%2FInternal%2BEPA%2BDocument%2BSuggests%2BAgency%2BFailed&URL=http%3A%2F%2Foversight.house.gov%2Fdocuments%2F20080707150838.pdf

 

More later.

 

As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.

 

WDJiii