The EPA and U.S. Army Corps of Engineers (USACoE) have been working to more clearly define the federal government’s authority to protect waterways by clarifying the definition of “waters of the U.S.”. However, there has been much disagreement about the limits of federal authority versus state authority and private property rights.
A Federal Court has handed down a stay on the new rule by the EPA and USACoE, saying it is likely illegal. http://thehill.com/policy/energy-environment/256493-court-blocks-obamas-water-rule-nationwide
A federal court ruled Friday that President Obama’s regulation to protect small waterways from pollution cannot be enforced nationwide.
In a 2-1 ruling, the Cincinnati-based Court of Appeals for the Sixth Circuit delivered a stinging defeat to Obama’s most ambitious effort to keep streams and wetlands clean, saying it looks likely that the rule, dubbed “waters of the United States,” is illegal.
“We conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims,” the judges wrote in their decision, explaining that the Environmental Protection Agency’s new guidelines for determining whether water is subject to federal control — based mostly on the water’s distance and connection to larger water bodies — is “at odds” with a key Supreme Court ruling.
These issues are important to civil engineers working on land development projects because it will determine if the regulating authority is the federal government (EPA and/or USACoE), the state (TDEC in Tennessee), or the local government (City of Knoxville for example).
For the State of Tennessee, rules regarding work in waterways are generally regulated by the Tennessee Department of Environment & Conservation (TDEC). For example, anyone proposing to alter a stream, river or lake must obtain an Aquatic Resource Alteration Permit (ARAP). Examples of work requiring a permit include dredging, streambank stabilization, channel relocation, water withdrawals, and road crossings. For more information, visit TDEC’s website https://www.tn.gov/environment/article/permit-aquatic-resource-alteration-permit
Please feel free to contact LandTech’s staff of civil engineers and land surveyors to assist you with any issues relating to ARAP permitting. http://landtechco.com/home
0 Comments