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Clean Water Act › US Army Corps of Engineers › Administrative Procedure Act

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 -
Mintz

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

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Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Challenge to U.S. Army Corps of Engineers Approval of Mitigation...

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A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more

Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

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When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

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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

Mintz

EPA says we should have its next stab at a Waters of the United States rule in September. What's next?

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Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September.  Assistant Administrator Fox promises that the new regulation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal District Court Addresses Conservation Groups' Motion for Intervention in U.S....

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A United States District Court (E.D. Kentucky) (“Court”) addressed in a February 8th Memorandum Opinion and Order (“Opinion”) various conservation groups’ (“CGs”) Motion to Intervene (“Motion”) in litigation involving a rule...more

Pillsbury Winthrop Shaw Pittman LLP

Seeking Certainty: Redefining “Waters of the United States”

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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

Pillsbury - Gravel2Gavel Construction & Real...

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

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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

(ACOEL) | American College of Environmental...

How Safe is Your WOTUS Harbor?

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In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

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The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Water Act/Section 404 Program: Environmental Organizations Judicial Challenge to U.S. Environmental Protection Agency...

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Earthjustice and a number of other environmental organizations filed a January 14th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the United States Environmental Protection Agency’s (“EPA”)...more

Williams Mullen

EPA Tries to Sink Environmental Groups Challenge to its Navigable Waters Rule

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In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

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Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

Williams Mullen

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

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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

Holland & Hart LLP

CWA Waters of the United States Remain Murky

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On September 12, 2019, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a final rule (the “Repeal Rule”) repealing the Obama administration’s 2015 “waters of the United States”...more

Pillsbury - Gravel2Gavel Construction & Real...

Clean Water Act Cases: Of Irrigation and Navigability

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The federal courts have recently decided two significant Clean Water Act (CWA) cases: State of Georgia, et al. v. Wheeler, where the US District Court for the Southern District of Georgia held that the 2015 rulemaking...more

Perkins Coie

Drowning in Confusion: What Is a “Water of the United States”?

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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

Pillsbury - Gravel2Gavel Construction & Real...

Recent Environmental Cases: Something in the Water, in the Air and in the Woods

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State of Texas, et al. v. US EPA. The revised regulatory definition of “Waters of the U.S.” continues to generate litigation in the federal courts....more

Williams Mullen

Fate of “Waters of the United States” Rulemaking Now Even Murkier

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The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more

Beveridge & Diamond PC

“WOTUS”: A Tale of Two Rules While Litigation and Rulemaking Continue

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On August 16, 2018, the U.S. District Court for the District of South Carolina issued a nationwide injunction on a Trump administration rule that has been preventing the 2015 rule that revised the definition of “waters of the...more

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