Farm's Suit Claims Corps Lacks Authority For CWA Enforcement Actions

A California farm whose suit over its alleged Clean Water Act (CWA) violations tests a host of legal questions on CWA jurisdiction and agriculture exemptions is mounting a new argument that the Army Corps of Engineers lacks the power to bring enforcement actions over CWA violations unless they involve a Corps-issued permit. The farm, Duarte Nursery, filed a new motion to dismiss the Corps' claims against it on July 23 in Duarte v. Corps , which is slated for trial...