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other significant nexus to navigable waters.
Specifically, the court explained that the
2015 WOTUS rule’s adjacent water tests
allows the agencies to regulate “drains,
ditches and streams” adjacent to non-
navigable tributaries and “remote from any
navigable in fact water,” which former U.S.
Supreme Court Justice Kennedy stated was
impermissible.
The 2015 rule works a “vast expansion of
jurisdiction over waters and land traditionally
within the states’ regulatory authority,” which
“cannot stand absent a clear statement
from Congress in the CWA. Since no such
statement has been made, the WOTUS rule is
unlawful under the CWA.”
The agencies violated the APA because the
2015 rule was not a “logical outgrowth” of the
proposed rule. In other words, the agencies
did not provide the public with a fair notice of
the substance of the final rule.
For more information, contact Tom Ward at
800-368-5242 x8230.
NAHB AUG 2019
Smartworld Energy has the knowledge, the experience and the passion
to help you with your solar energy project!
Gustavo Mendoza
(210) 465 1021
www.smartworldenergy.com
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SEPTEMBER 2019 | GREATER SAN ANTONIO BUILDERS ASSOCIATION
