New Congressional report on the excesses of EPA and the Army Corps

September 20, 2016 | By DAMIEN SCHIFF

This morning, the Senate Committee on Environment and Public Works issued From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land:  A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act.  Th ...


Follow-up answers to Congressional questions

June 20, 2016 | By DAMIEN SCHIFF

A few weeks ago I testified before a Senate subcommittee on various abuses of landowners perpetrated by EPA and the Corps under the Clean Water Act.  After the hearing, the committee posed additional questions focusing on the role of the federal government in cleaning up the nation’s waters, as well as the impacts on that … ...


Does expanding the Clean Water Act make fiscal sense?

May 12, 2014 | By DAMIEN SCHIFF

So argues former GOP representative Sherwood Boehlert in last week’s Roll Call.  Actually, Mr. Boehlert makes several arguments, not all fiscally based, to support EPA’s and the Corps’ proposal to assert Clean Water Act jurisdiction to every stream, and probably every wetland, in the country. First, the rule “does not break ...


EPA abuse on display . . . again!

July 23, 2013 | By REED HOPPER

The old canard that all’s fair in love and war appears to be driving EPA policy.  This agency has declared “war” on coal mining and is not playing fair.  Among other things, coal mines are required to obtain certain discharge permits from the Corps of Engineers.  The process for submitting, reviewing and approving these permits ...


More on Los Angeles County Water Management District

January 11, 2013 | By DAMIEN SCHIFF

Now available is a post-decision podcast I recorded for the Federalist Society, which goes into greater detail on why I believe that, from the perspective of the Clean Water Act practitioner, this decision is much ado about nothing. … ...


It really was much ado about nothing

January 10, 2013 | By DAMIEN SCHIFF

On Monday, the Supreme Court ruled unanimously in Los Angeles County Flood Control District v. Natural Resources Defense Council that the Clean Water Act does not regulate the mere flow of polluted water from an upstream “improved” segment to a downstream “unimproved” segment of the same water of the United States.  The Cou ...


Much ado about nothing, part III

December 07, 2012 | By DAMIEN SCHIFF

In case you haven’t had enough, the Federalist Society has published a podcast of me discussing Los Angeles County Flood Control District v. NRDC, a Clean Water Act case dealing with stormwater pollution, argued earlier this week. … ...


Much ado about nothing, part II

December 06, 2012 | By DAMIEN SCHIFF

Last month I wrote about a very peculiar case just argued this week in the United States Supreme Court—Los Angeles County Flood Control District v. Natural Resources Defense Council—concerning the Clean Water Act’s regulation of stormwater.  The case is peculiar because all the parties and the federal government as amicus agree o ...


Much ado about nothing?

November 21, 2012 | By DAMIEN SCHIFF

The United States Supreme Court this Term will hear at least two cases arising under the Clean Water Act:  Decker v. Northwest Environmental Advocates, and Los Angeles County Flood Control District v. Natural Resources Defense Council. The former concerns the legality of EPA’s regulation exempting owners and operators of forest roads from ob ...