Category Archives: Wetlands

Pacific Legal Foundation Prevails at the Supreme Court

“Simply put, it re-affirms that property owners across the country can hold overzealous federal bureaucrats immediately accountable in court for erroneous assertions of control over wetlands. This levels the playing field for landowners who have been at the mercy of an overreaching federal government for far too long.” click here

USEPA attempts to expand jurisdiction over anything wet, or anything that could become wet

These agencies have attempted to push this rule across the goal line for many years. Here it is at last, unfortunately. And once again the citizens will need to speak and submit comments in order to stop it. The only nexus (connection) here is between EPA bureaucrats and the desire to control others. Although this proposal may read nicely because it uses flowery language, the astute observer will realize that there is something very important missing, which is common sense. This ruling is about giving government more control over land, more control over landowners, giving the Corp of Engineers something to do, and making EPA and other attorneys a lot of money in needless litigation. 

The summary is below. Click here for the prepublication notice.

“The agencies propose to define “waters of the United States” in section (a) of the proposed rule for all sections of the CWA to mean: traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate or the territorial seas; and adjacent waters, including adjacent wetlands. Waters in these categories would be jurisdictional “waters of the United States” by rule – no additional analysis would be required. The agencies emphasize that the categorical finding of jurisdiction for tributaries and adjacent waters was not based on the mere connection of a water body to downstream waters, but rather a determination that the nexus, alone or in combination with similarly situated waters in the region, is significant based on data, science, the CWA, and caselaw. In addition, the agencies propose that “other waters” (those not fitting in any of the above categories) could be determined to be “waters of the United States” through a case-specific showing that, either alone or in combination with similarly situated “other waters” in the region, they have a “significant nexus” to a traditional navigable water, interstate water, or the territorial seas. The rule would also offer a definition of significant nexus and explain how similarly situated “other waters” in the region should be identified.”


California Water Commission draft report: Benefits of Water Storage Projects

The draft report “Description and Screening of Potential Tools and Methods to Quantify Public Benefits of Water Storage Projects” examines five benefit areas: ecosystem improvement, water quality, flood control, emergency response and recreation.

California Water Commission will discuss the report at its meeting on Wednesday, Jan. 18, in Sacramento. Public comments are being accepted.

Click here or the image below for the report….


Press Spin: Waters of the US definition clarity will destroy Clean Water Act?

Here’s an alarmist article using the drinking water hammer to argue against resolution of the definition of the Clean Water Act jurisdictional problem….the current approach by USEPA is such an overreach, congress must address the issue in some way to bring clarity to an otherwise out of control situation….Of course, this article only tells one side of the story… here.

USEPA reorders priorities to address Great Lakes restoration

White Lake cleanup in Michigan to be fast-tracked.  This seems like a good thing, but I wonder what other USEPA program was cut or pushed aside to get the money to make this happen?

Click here for more.

Santa Clara Valley Water District (CA) to purchase Anderson Reservoir property for mitigation

To comply with requirements of a 10 year federal permit, the district set aside $49 million to buy up to 1,080 acres of open space and restore 44 acres of wetlands for the California tiger salamander, red-legged frog and other endangered species. Click here for an interesting story….


USEPA Clean Water Act over-reach affects agriculture?

Over-reaching of Clean Water Act rules implementation is known to have a negative effect on agriculture. Should it be a surprise that much agricultural activity occurs in riparian areas, where fertile soil is located? Click here for an example in California.

A grader is parked among hay and walnut trees on Kenny Watkins’ farm in Linden, California. Watkins, a fifth-generation farmer, ran afoul of U.S. pollution police in 2009 when he prepared to plant oats, beardless wheat, barley and ryegrass in a field with a stream. Photo: Noah Berger/Bloomberg  Source: