News & Analysis as of

Clean Water Act › Environmental Protection Agency (EPA) › Real Estate Development

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

Allen Matkins on

Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Obermayer Rebmann Maxwell & Hippel LLP on

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

Goulston & Storrs PC on

The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Akerman LLP

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

Akerman LLP on

Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

BCLP

Marsh Madness: SCOTUS Narrows Wetlands Subject to Clean Water Act in Favor of Regulated Industry and Real Estate Developers

BCLP on

On May 25, 2023, the United States Supreme Court issued its long-awaited opinion in Sackett v. U.S. Environmental Protection Agency, diving back into a decades-long debate over the definition of “waters of the United States”...more

Lowndes

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

Quarles & Brady LLP

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

Quarles & Brady LLP on

In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more

Mintz

Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California

Mintz on

The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the wetlands in the United States. (Sackett...more

Burns & Levinson LLP

The Cape and Beyond: Alternative Project Procurements for Massachusetts Communities

Burns & Levinson LLP on

Those of us who had the good fortune to vacation on Cape Cod as children in the 1960s or 1970s remember a fabulous vacation escape with miles of pristine beaches, cozy cottages, souvenirs, and wonderful food. Many who...more

Obermayer Rebmann Maxwell & Hippel LLP

Water, Water, Everywhere? EPA and USACE Issue New, Broader Clean Water Act Rule

Obermayer Rebmann Maxwell & Hippel LLP on

During the past two years, the half-century-old Clean Water Act (“CWA”) has become a hot topic, with controversies over its interpretation coming to a boil throughout the end of last year into the beginning of this one. If a...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

Pillsbury - Gravel2Gavel Construction & Real... on

This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

Kohrman Jackson & Krantz LLP on

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Manatt, Phelps & Phillips, LLP

Just as EPA Was Fixing Wetlands Rules, Along Come the Sacketts . . . Again

Manatt, Phelps & Phillips, LLP on

The Idaho family that upended the Obama administration’s wetlands regime in the Supreme Court is back, much to the dismay of the Biden administration. On Monday, the Supreme Court issued a surprise order agreeing to review,...more

Lewis Roca

Supreme Court Takes Up Clean Water Act Case, May Settle ‘WOTUS’ Definition

Lewis Roca on

On January 24th, the U.S. Supreme Court granted Certiorari in Sackett, Michael, et ux. v. EPA, et al. on the limited question of “[w]hether the Ninth Circuit set forth the proper test for determining whether wetlands are...more

WilmerHale

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

WilmerHale on

On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

Williams Mullen

Environmental Notes - June 2019

Williams Mullen on

If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more

Holland & Knight LLP

West Coast Real Estate Update: January 2017 #2

Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

Pierce Atwood LLP on

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Stoel Rives LLP

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

Stoel Rives LLP on

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

Williams Mullen

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

Williams Mullen on

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

Brownstein Hyatt Farber Schreck

Waters of the United States Are Not What You’d Expect

Brownstein Hyatt Farber Schreck on

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

Polsinelli

A Watershed Moment for Business, Industry, and Agriculture: EPA Releases Final Clean Water Rule

Polsinelli on

On May 27, 2015, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers jointly released a final rule clarifying what bodies of water are subject to federal jurisdiction under the Clean Water...more

Allen Matkins

California Environmental Law and Policy Update - October 2014 #4

Allen Matkins on

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

Bradley Arant Boult Cummings LLP

Big Changes to Federal Jurisdiction over Waters of the U.S. through the Clean Water Act

Bradley Arant Boult Cummings LLP on

On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the...more

26 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide