News & Analysis as of

Administrative Procedure Act Navigable Waters

Snell & Wilmer

EPA Issues Emergency New Rule on Waters of the United States

Snell & Wilmer on

Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act...more

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

Bricker Graydon LLP on

On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

(ACOEL) | American College of Environmental...

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more

Pillsbury Winthrop Shaw Pittman LLP

Seeking Certainty: Redefining “Waters of the United States”

The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters. To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Herring and Delay

This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. ...more

Pillsbury - Gravel2Gavel Construction & Real...

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

Bracewell LLP on

Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Williams Mullen

The Endless Dance: Defining “Waters of the United States”

Williams Mullen on

The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more

Bricker Graydon LLP

Judge Carr Dismisses Lake Erie litigation

Bricker Graydon LLP on

Judge Carr issued an order on October 3, 2018, in Environmental Law and Policy Center, et al., v. U.S. EPA, et al., effectively dismissing the litigation and providing no clear path forward for challenges of Ohio EPA’s plan...more

Seyfarth Shaw LLP

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Schwabe, Williamson & Wyatt PC

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

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