News & Analysis as of

Jurisdiction Rapanos v US

Mintz

An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean...

Mintz on

Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

Holland & Knight LLP

Waters of the United States Rule Revised in Response to Sackett Decision

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

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

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

Bradley Arant Boult Cummings LLP

WOTUS at SCOTUS: Supreme Court Shrinks Clean Water Act Jurisdiction over Wetlands

Last week the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying what wetlands are subject to federal jurisdiction and regulation under the Clean Water Act (CWA). The Sackett case was brought...more

Nutter McClennen & Fish LLP

Supreme Court Narrows the Clean Water Act’s Jurisdictional Reach Over Wetlands

The Supreme Court, on May 25, 2023, addressed the longstanding issue of how to determine when a wetland is subject to jurisdiction under the Clean Water Act (the “CWA”). In Sackett v. Environmental Protection Agency, a 5-4...more

ArentFox Schiff

Supreme Court Issues Decision in Sackett v. EPA Rolling Back Clean Water Act Jurisdiction Over Certain Wetlands

ArentFox Schiff on

In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over...more

Schwabe, Williamson & Wyatt PC

Clean Water Act Coverage – Another Revised WOTUS Rule

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...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

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

Venable LLP on

On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

BCLP on

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Perkins Coie

Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

Perkins Coie on

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more

Akerman LLP

WOTUS - The Beat Goes On But the Underlying Issue Remains Unresolved

Akerman LLP on

The procedure-based litigation over the EPA and Army Corps' "Waters of the United States" rule (WOTUS) is continuing. The agencies issued WOTUS, which they intended to constitute the implementation of the Supreme Court’s...more

Allen Matkins

Nationwide Stay of EPA/Army Corps "Waters of the U.S." Rule Issued By Sixth Circuit Court of Appeals

Allen Matkins on

The Sixth Circuit Court of Appeals today issued a nationwide temporary stay of the Clean Water Rule, which was jointly adopted earlier this year by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

Foley Hoag LLP - Environmental Law

The Sixth Circuit Stays the Waters of the United States Rule: Just a Plain Vanilla Preliminary Injunction — Not!

On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay against implementation of the “Waters of the United States” rule. The case is so weird, in so many ways, that I don’t even think I can count...more

Davis Wright Tremaine LLP

Opposition Builds to Proposed Federal Clean Water Act Rules

Federal agencies face growing opposition from members of Congress and industry regarding a proposed definition of “waters of the United States” under the Clean Water Act (CWA). The scope of federal jurisdiction under the CWA...more

18 Results
 / 
View per page
Page: of 1

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide