Lack of Consensus Emerges as Courts Apply New WOTUS Rule to Ditches and Canals
October 15, 2024
The limits to federal jurisdiction over “waters of the United States” (WOTUS) have continued to develop following the Supreme Court’s landmark decision in Sackett v. Environmental Protection Agency, as federal district courts begin to vary in determining federal Clean Water Act jurisdiction over manmade ditches and canals.
A critical question, subject to extensive rulemaking and litigation over past decades, involves the extent to which manmade ditches and canals qualify as waters of the United States subject to federal regulation … Read More
Written by Ellen M. Moskal