In what has been a herculean task to resolve, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act as reported by JD Supra. The publication of this document comes ahead of schedule, but it now raises a host of questions among legal professionals and stakeholders.
Given the convoluted history of this legislation, the key question that arises now is how will its opponents respond? The options seem to be either they will file amended complaints in the paused court proceedings over the ninth attempt, initiate new lawsuits, or, a combination of the two. It is certain however, that this is but another chapter in a long saga of legal disputes surrounding the Clean Water Act.
This latest attempt represents a cumulative effort by the EPA and the Corps, marking a decade of trying to clarify federal jurisdiction over US waters. It is a clear indication of the legal complexities involved in dealing with environmental issues, which require a careful balancing of multiple interests – from environmental concerns to land use planning and beyond.
The details of this new attempt and its implications for corporations and legal professionals are yet to be discerned. However, what we can anticipate is the certain influx of litigation efforts and legal ramifications that will follow this significant legal event in American administrative law. Therefore, legal professionals working in the environmental law sectors, in particular, should keep an eye on how the situation develops in the upcoming weeks and months.
As we await the legal storm that this will inevitably bring about, we can learn from the past attempts and their ensuing legal battles. The various arguments brought forward by legal professionals and stakeholders over the years will undoubtedly shape the direction of the future litigation.