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Environmental Protection Agency (EPA) Clean Water Act Critical Infrastructure Sectors

Nossaman LLP

UPDATE: Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more

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

Recreational Water Quality Criteria/Clean Water Act: U.S. Environmental Protection Agency Releases Second Five-Year Report

The United States Environmental Protection Agency (“EPA”) issued a May 2023 document titled: Report on the Second Five-Year Review of EPA’s Recreational Water Quality Criteria (“Report”) EPA states that the Report constitutes...more

Akerman LLP

WOTUS Update: The Courts, Congress, and the Biden Administration Continue the Dance

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Exactly what should be considered "waters of the United States" as it applies to the Clean Water Act has been ill defined and contended in the courts and in Congress for more than 15 years. A review of recent court decisions...more

Nossaman LLP

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

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On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On April 6, 2023, in an expected move, President Biden vetoed the Congressional Review Act joint-resolution that attempted to undo his administration’s WOTUS rule. The president maintained his administration’s rule...more

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

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Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

Robinson+Cole Environmental Law +

EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in...

In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act...more

Brownstein Hyatt Farber Schreck

Change is Afoot: EPA Revisiting Section 401 Program

More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more

Nossaman LLP

EPA Announces Regional WOTUS Roundtables

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On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

Lewis Roca

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

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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

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

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On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Burr & Forman

The Continuing WOTUS Saga

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On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

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On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

Lewis Roca

Arizona Federal Court Vacates The Navigable Waters Protection Rule, EPA and the Army Corps to Redefine “Waters of the United...

Lewis Roca on

On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government...more

Bilzin Sumberg

EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States

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In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public...more

Morgan Lewis

Biden-Harris Administration Plans to Revise ‘Waters of the United States’ Definition

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In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

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On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more

Pierce Atwood LLP

EPA Finalizes Comprehensive Changes to its CWA Water Quality Certifications Rule

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The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more

Best Best & Krieger LLP

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more

Robinson+Cole Manufacturing Law Blog

Binge-Watching the Clean Water Act Cases and Rules

In these days of working from home and managing countless other demands on our time, we offer this post to help you decide whether to add the latest Clean Water Act (CWA) cases and rules to your must-see legal watch list....more

Bricker Graydon LLP

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

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On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more

Nossaman LLP

Redefining Navigable Waters: The Next Frontier of the WOTUS Saga

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In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more

Bilzin Sumberg

Navigable Waters Protection Rule Published in Federal Register

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On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register.  ...more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 - On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

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On April 21, 2020, the U.S. Environmental Protection Agency (US EPA) and the Army Corps of Engineers (Army Corps) published in the Federal Register their revised rule defining which waterbodies are subject to federal...more

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