In a long-anticipated decision on the reach of the Clean Water Act (“CWA”), the Supreme Court significantly narrowed the scope of the wetlands and other waters subject to the CWA’s protections. The Court’s opinion in Sackett...more
6/1/2023
/ Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Water Projects ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more
The U.S. District Court for the District of Arizona on August 30 vacated the 2020 Navigable Waters Protection Rule (NWPR) that redefined “waters of the United States” for purposes of Clean Water Act jurisdiction, effectively...more
On September 15, 2020, the Army Corps of Engineers published proposed revisions to a wide range of Nationwide Permits (NWP) issued under the Clean Water Act. The revisions respond to Executive Order 13783, directing heads of...more
The Clean Water Act sometimes requires a permit for the indirect discharge of pollutants from a point source to navigable waters, but only when the discharge is the “functional equivalent” of a direct discharge, the Supreme...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more
10/25/2019
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Jurisdiction ,
Navigable Waters ,
Repeal ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States ,
Wetlands
A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more
3/15/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Federal Register ,
Groundwater ,
Permits ,
Public Comment ,
Surface Water ,
Underground Injection Wells ,
Wastewater ,
Waters of the United States
The U.S. Army Corps of Engineers and the Environmental Protection Agency published a rule postponing the effective date of the Clean Water Rule for two years, until February 6, 2020....more
The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more
On July 27, 2017, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published their proposed rule to rescind the Clean Water Rule. This is the same rule that was released in pre-publication form in...more
The Environmental Protection Agency and Army Corps of Engineers on Tuesday announced a proposed rulemaking that would rescind the “Clean Water Rule” — which the agencies finalized in 2015 to revise the definition of “waters...more
The U.S. Army Corps of Engineers (“Corps”) has proposed new and revised Nationwide Permits (“NWPs”) for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and...more
United States Army Corps of Engineers v. Hawkes Co., Inc. (5/31/16, No. 15-290) -
In a widely anticipated decision in the wake of the Sackette v. EPA (132 S.Ct. 1367 (2012) decision, the U.S. Supreme Court decided that...more
On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under...more
The Sixth Circuit today stayed the effect of the Environmental Protection Agency’s new “Clean Water Rule” nationwide, while the Court of Appeals considers whether it has original jurisdiction to hear challenges to the...more
North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) -
A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more
On June 29, 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published a final rule defining “waters of the United States.” The rule becomes effective on August 28, 2015. Because...more