In 2014, the Corps of Engineers and Environmental Protection Agency sought to bring clarity to the scope of “waters of the United States” through notice-and-comment rulemaking. On June 29, 2015, the agencies published a joint final rule that immediately prompted lawsuits across the entire country.
This current legal controversy provides a convenient backdrop to propose a new method to analyze logical outgrowth. This Note will use the Proposed and Final Rule as an administrative law case study. It argues that the Final Rule is substantively within the authority Congress delegated to the Corps of Engineers and the EPA.
Henry L. Lifton,
Defining Fair Notice: Logical Outgrowth Doctrine Applied to the Waters of the United States,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol92/iss2/9