News & Analysis as of

Obama Administration Clean Water Act

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Williams Mullen

Environmental Notes - October 2021

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Bricker Graydon LLP

Federal court vacates and remands Trump administration federal wetlands rule

Bricker Graydon LLP on

On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more

Mintz

Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread?

Mintz on

News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to strike down the Trump Administration's regulation establishing the reach of the Federal...more

Bricker Graydon LLP

U.S. EPA and Army Corps to repeal and replace Navigable Waters Protection Rule

Bricker Graydon LLP on

On June 9, 2021, the Biden administration announced its intent to repeal and replace the Trump administration’s 2020 Navigable Waters Protection Rule, which defines which waterbodies constitute “waters of the United States”...more

Williams Mullen

Environmental Notes - March 2021

Williams Mullen on

Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

WilmerHale

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

WilmerHale on

On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more

Foley Hoag LLP - Environmental Law

The “Navigable Waters Protection Rule” — Candidate For Misnomer of the Year

Yesterday, EPA and the Army Corps of Engineers finalized their revisions to the definition of Waters of the United States. There’s nothing in here that everyone didn’t already know. The agencies largely sidestepped the...more

Dorsey & Whitney LLP

WOTUS Operandi: The Clean Water Act’s Bifurcated Regulatory Regime and Why it Matters

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Two sets of states interpret and implement the Clean Water Act (“CWA”), the nation’s premier water pollution statute, in significantly different ways. The CWA applies to the nation’s “navigable waters,” which is further...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

Dorsey & Whitney LLP

Clarifying “Muddy Waters:” EPA and Army Corps Propose Revisions to the Scope of CWA Jurisdiction

Dorsey & Whitney LLP on

On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, “the agencies”) released their proposal for the controversial and highly litigated definition of “waters of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

Dorsey & Whitney LLP

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

Dorsey & Whitney LLP on

The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

Stoel Rives LLP

Timberlands Regulation under the @realDonaldTrump  Administration 

Stoel Rives LLP on

Those who closely watch the current White House pay particular attention to one Twitter handle: @realDonaldTrump. President Trump is not the first US president to use Twitter to communicate to the country. But I think it’s...more

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

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

Allen Matkins

California Environmental Law & Policy Update - October 2017

Allen Matkins on

Environmental and Policy Focus - Court blocks Dept. of Interior’s move to delay Obama-era methane leak rule - The Hill - Oct 4 - On Wednesday a federal court set aside an effort by the Department of the Interior...more

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

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Schwabe, Williamson & Wyatt PC

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...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

Perkins Coie

How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

Perkins Coie on

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and...more

Balch & Bingham LLP

2017 Regulatory Policy Forecast: Environmental & Energy Policy

Balch & Bingham LLP on

ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A...more

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