News & Analysis as of

Final Rules Waters of the United States

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

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

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

Coordination Process Update: U.S. Army Corps of Engineers/Environmental Protection Agency Joint Coordination Memoranda Addressing...

The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more

Roetzel & Andress

Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA

Roetzel & Andress on

On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more

Obermayer Rebmann Maxwell & Hippel LLP

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

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

Mintz

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA's new Section 401 Water...

Mintz on

EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more

Goldberg Segalla

EPA Redefines ‘Waters of the United States’ to Conform with Supreme Court Decision

Goldberg Segalla on

On August 29, the Environmental Protection Agency announced its final rule amending its definition of “waters of the United States.”  This new definition was written to conform with the Supreme Court’s May 24, 2023 ruling in...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

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....

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

Harris Beach PLLC

Federal Government Expands Scope of Regulated Wetlands

Harris Beach PLLC on

The U.S. Army Corps of Engineers (“Corps”) and the U.S. Environmental Protection Agency (“EPA”) have adopted a final rule re-defining the scope of the “waters of the United States” (“WOTUS Final Rule”) subject to federal...more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

Sullivan & Worcester on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Husch Blackwell LLP

EPA Publishes Final Rule Revising Definition of “Waters of the United States”

Husch Blackwell LLP on

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

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

Waters of the United States Clean Water Act: Aggregate Producers/Agricultural Organizations/Contractors File Judicial Challenge to...

A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

Lippes Mathias LLP on

Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Bricker Graydon LLP

U.S. EPA issues final WOTUS definition

Bricker Graydon LLP on

On December 30, 2022, U.S. EPA and the U.S. Department of the Army announced a final rule revising the definition of Waters of the United States (WOTUS). The final rule largely follows the substance of U.S. EPA’s proposed...more

Pierce Atwood LLP

EPA and U.S. Army Corps Finalize Rule Establishing (For Now) Federal Authority Over Wetlands

Pierce Atwood LLP on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more

Holland & Hart LLP

Back to the Future: The Biden Administration Releases Final WOTUS Rule

Holland & Hart LLP on

On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more

Jenner & Block

EPA and the Army Corps Finalize WOTUS Rule, Again

Jenner & Block on

On December 30, 2022, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Army Corps”) announced they had finalized the rule establishing the definition of “waters of the United States”...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Issue Final Rule

The United States Environmental Protection Agency and the United States Corps of Engineers (collectively, “EPA”) announced on December 30th a final rule revising the Clean Water Act definition of Waters of the United States...more

Adams and Reese LLP

NWPR Update: EPA Proposes New Old Wetland Rule; The Clock is Now Ticking for Florida’s Developers

Adams and Reese LLP on

An Arizona district court decision right before Labor Day effectively put the pre-2015 wetlands jurisdiction rule back in effect for most states, eliminating changes made under both the Obama and Trump administrations. (See...more

Brownstein Hyatt Farber Schreck

EPA to Modify the Navigable Waters Protection Rule

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

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

Williams Mullen on

The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

Foley & Lardner LLP

U.S. EPA Formalizes Reversal of “Once In/Always In” Emission Permitting Policy

Foley & Lardner LLP on

U.S. EPA’s final rule reversing its 25 year old hazardous air pollutant “once in/always in” policy will soon be published in the Federal Register and will become effective 60 days thereafter. While first announced in a...more

Schwabe, Williamson & Wyatt PC

Another “New” Era: WOTUS Rule 2020 - Update

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

Schwabe, Williamson & Wyatt PC

Another “New” Era: WOTUS Rule 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

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