Legal & Courts  July 6, 2023

Clean-water ruling has business implications

The United States Supreme Court continues to shake up the regulatory environment, this time with a ruling under the 50-year-old Clean Water Act, that has important ramifications for businesses, governmental bodies, and other entities in Colorado and throughout the country. Those in agriculture, mining (including oil and gas), real estate development, and water resource management should pay close attention, particularly to how Colorado responds.

As background, CWA protections extend to “waters of the United States” — also known as “WOTUS.” Generally speaking, work in WOTUS requires a federal permit, which can be expensive and time consuming to obtain. Thus, defining what…

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