This Thursday I will be participating in a panel, "Enforcement of the Clean Water Act," sponsored by the Federalist Society's Environmental Law and Property Rights Practice Group in Washington, D.C. Also appearing on the panel will be Maryland Law Professor Robert Percival, Vermont Law Professor Patrick Parenteau, and Reed Hopper of the Pacific Legal Foundation. George Mason Law Professor Steven Eagle will moderate. The panel will discuss the impact of the Supreme Court's decision in Rapanos v. United States, the subsequent Corps/EPA guidance on federal Clean Water Act jurisdiction, and proposed legislation to overturn the Supreme Court's Rapanos decision by, among other things, explicitly asserting federal jurisdiction over all waters and wetlands in the United States, irrespective of their relationship or connection to navigable waterways. Details here.
Should Congress Overturn Rapanos?