May 27, 2016

Congressional testimony on the Clean Water Act

By Damien M. Schiff Senior Attorney

Earlier this week, I had the privilege of testifying before the Senate Subcommittee on Fisheries, Water, and Wildlife concerning agency abuses of private property owners under the Clean Water Act.  (My testimony begins at minute 26:25).  I focused on a number of recent and ongoing PLF cases challenging EPA’s and the Corps’ expansive and aggressive assertions of the authority despite the federal courts’ stay on the agencies’ WOTUS rule-making.  One of those cases was Tin Cup, LLC v. U.S. Army Corps of Engineers, our recently filed challenge to the Corps’ attempted regulation of permafrost.  That issue was of keen interest to the Subcommittee’s chairman, Senator Sullivan of Alaska.

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