The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more
The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more
1/29/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
New Regulations ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
A new final regulation issued on September 12, 2019 by the Environmental Protection Agency and the Army Corps of Engineers repeals the Obama administration’s 2015 “Clean Water Rule,” but does little to clear up the...more
9/18/2019
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
New Regulations ,
US Army Corps of Engineers ,
Waters of the United States
A decision by the U.S. District Court for the Southern District of Georgia issued on August 21, 2019, highlights the continuing confusion over the definition of “waters of the United States” under the Clean Water Act. The...more
The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more
12/18/2018
/ Bright-Line Rule ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
NEPA ,
Proposed Regulation ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more
4/5/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Delays ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
National Association of Manufacturers v DOD ,
Navigable Waters ,
Preliminary Injunctions ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more
6/30/2017
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
Obama Administration ,
Rapanos v US ,
Rescission ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more
3/3/2017
/ Clean Water Act ,
Clean Water Rule ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Navigable Waters ,
Regulatory Oversight ,
Trump Administration ,
US Army Corps of Engineers ,
Water Pollution ,
Waters of the United States ,
Wetlands