Monthly Archives: February 2016

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Utah Public Waters Access Act

Utah Public Waters Access Act “violates” Utah Constitution 4th District judge says; Utah Supreme Court stays ruling pending appeal

The issue of public access to waters in the state of Utah has become a hot-button issue in the Utah courts recently.  As reported in the Salt Lake Tribune, the issue stems from a ruling from 4th District Judge Derek Pullan that held that “the ‘unfittingly named’ 2010 Utah Public Waters Access Act violates the Utah Constitution by denying the recreating public from a resource that the state must manage in the favor of all Utahns.” Utah Public Waters Access

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Clean Water Act section 404(f) “interpretive rule” withdrawn after NMPF objects

In response to objections raised by the National Milk Producers Federation, the Environmental Protection Agency (“EPA”) has withdrawn an interpretive rule regarding when farmers must seek Clean Water Act permits for a laundry list of farming activities taking place near wetlands.  The rule specifically stated that farmers were only exempt from needing to obtain Clean Water Act permits for certain farming practices if they complied with the National Resources Conservation Service (“NRCS”) technical conservation standards. The EPA’s withdrawal of the

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2016 EPA Water Law

EPA issues final Clean Water Rule, but Sixth Circuit stays rule pending further determination

In the spring of 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) released the final Clean Water Rule in order “to clearly protect from pollution and degredation the streams and wetlands that form the foundation of the nation’s water resources.”  According to the EPA’s news release: The rule ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and

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