Yesterday (March 7) the US Army Corps of Engineers, in conjunction with the West Virginia Oil and Natural Gas Association (WVONGA), presented an excellent overview of its regulatory jurisdiction and enforcement authority under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Susan Fields was gracious enough to post the Power Point of that presentation on the Huntington District's website, and you can access it here.
One of the most important points we learned is that EPA has exercised its authority under the Clean Water Act to take the lead in all oil and gas-related enforcement matters. If you violate Section 404 or Section 10 you will be dealing with EPA, not the Corps, although the Corps will still be involved to some extent.
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