Clean Water Act, US Army Corps of Engineers, Clean Water Rule

Toppling Caligula’s Column: Seeking a Viable, Durable WOTUS Rule

(ACOEL) | American College of Environmental... on 1/11/2022

On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define “waters of the United States” (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by...more

EPA and Army Corps Seek to Redefine Waters of the United States

Latham & Watkins LLP on 12/22/2021

The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more

So, What Exactly Is A Water Of The U.S.?

Snell & Wilmer on 11/4/2021

The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more

Recent Federal Court Decision May Expedite Next Round of WOTUS Rulemaking

Sullivan & Worcester on 9/23/2021

The regulatory definition of "waters of the United States" (WOTUS), a key term in the Clean Water Act (CWA) establishing the scope of federal jurisdiction, once again is changing. The most recent definition, promulgated in...more

How Safe is Your WOTUS Harbor?

(ACOEL) | American College of Environmental... on 9/21/2021

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

Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision

Snell & Wilmer on 7/19/2021

On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S....more

EPA to Modify the Navigable Waters Protection Rule

Brownstein Hyatt Farber Schreck on 6/11/2021

Proposed regulatory changes will increase the extent of lands throughout the country that will be designated, and regulated, as wetlands. On June 9, 2021, the Department of the Army and the Environmental Protection Agency...more

Another “New” Era: WOTUS Rule 2020 - Update

Schwabe, Williamson & Wyatt PC on 7/29/2020

Following years of discussion, administrative rulemaking, and multi-state litigation, the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“ACOE”) have published a new regulatory definition of waters of...more

Another “New” Era: WOTUS Rule 2020

Schwabe, Williamson & Wyatt PC on 5/26/2020

Following years of discussion, administrative rulemaking, and multi-state litigation, the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“ACOE”) have published a new regulatory definition of waters of...more

Navigable Waters Protection Rule (formerly the Clean Water Rule)

Spilman Thomas & Battle, PLLC on 5/14/2020

On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what...more

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

WilmerHale on 2/27/2020

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

New Regulations Narrow Reach of Clean Water Act

Perkins Coie on 2/3/2020

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

New Regulations Redefine the Scope of the Clean Water Act

Perkins Coie on 1/29/2020

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

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

Williams Mullen on 1/14/2020

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

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

Sheppard Mullin Richter & Hampton LLP on 10/25/2019

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

The Longest Dance – The WOTUS Two-Step

Ward and Smith, P.A. on 10/24/2019

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more

2015 Clean Water Act Rule Repealed

Perkins Coie on 9/18/2019

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

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

Perkins Coie on 9/4/2019

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

Woe is WOTUS

Foley Hoag LLP - Environmental Law on 6/5/2019

When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the “give me a break” doctrine of statutory interpretation over...more

Waters of the United States/U.S. EPA Proposed Rule: Arkansas Valley Audubon Society Comments

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/30/2019

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

Feeling Inundated? EPA Swamps the WOTUS Rule, Proposes New Definition of “Waters of the U.S.”

Foley & Lardner LLP on 1/7/2019

Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more

Proposed "Waters of the U.S." Rule Would Reduce Scope of Clean Water Act Jurisdiction - As Written, the Proposed Rule Would Be...

Holland & Knight LLP on 12/21/2018

• The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have issued their long-awaited proposed rule to define "Waters of the United States" (WOTUS) pursuant to the Clean Water Act, fulfilling an early...more

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