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Section 404 Permits Waters of the United States

(ACOEL) | American College of Environmental...

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

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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

Nossaman LLP

Podcast: What’s in a Wetland - An Overview of Federal and State Developments in Defining Jurisdictional Wetlands

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In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more

Williams Mullen

Are Jurisdictional Determinations Valid only for Five Years?

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As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

Bilzin Sumberg on

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

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

Section 404 Permitting/Today & Tomorrow: Jimmy Rogers (FTN Associates) Arkansas Environmental Federation Webinar Presentation

Mr. Jimmy Rogers undertook a webinar presentation for the Arkansas Environmental Federation titled: Section 404 Permitting – Today & Tomorrow (“Presentation”) - Mr. Rogers is an environmental scientist with FTN...more

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

Does a Discharge to Groundwater Require an NPDES Permit?: Jamie Ewing/Allan Gates/Jordan Wimpy Arkansas Environmental Federation...

Jamie Ewing (Environmental Assessment Director, Little Rock Water Reclamation Authority), Allan Gates and Jordan Wimpy (Mitchell Williams Law Firm) undertook an Arkansas Environmental Federation webinar presentation on May...more

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

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

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

U.S. Corps of Engineers Permit Application/Approval Process: March 28th Vicksburg District Outreach Event for...

As noted in a February 5th post, the Vicksburg District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced the scheduling of what it describes as an “outreach event” for consultants and applicants. ...more

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

U.S. Corps of Engineers Permit Application/Approval Process: Vicksburg District Announces March 28th Outreach Event for...

The Vicksburg, Mississippi District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced what they describe as an “outreach event” for consultants and applicants. The purpose of the outreach event...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

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

U.S. Army Corps of Engineers (Vicksburg District) Section 404 Permit Application Public Notice: Miller County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more

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

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

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

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

King & Spalding

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Manatt, Phelps & Phillips, LLP

Nationwide Permits Reauthorized; Already-Issued Permits to Expire March 2017

Under Section 404 of the federal Clean Water Act (33 U.S.C. § 1344), a permit from the U.S. Army Corps of Engineers (Corps) is required for activities involving the discharge of dredged or fill material into waters of the...more

Saul Ewing LLP

Nationwide Permits Issued and Reissued by the United States Army Corps of Engineers

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In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,...more

Ruder Ware

Wetlands Determinations - Uncertainty for the Clean Water Rule?

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On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

Jackson Walker

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

Jackson Walker on

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Seyfarth Shaw LLP

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

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Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

Morrison & Foerster LLP

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

Morgan Lewis

US Supreme Court Holds US Army Corps Clean Water Act Determinations Reviewable

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Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more

Holland & Knight LLP

Supreme Court: Clean Water Act Jurisdictional Determinations Challengeable in Federal Court

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The Supreme Court of the United States ruled on May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290, slip op., 578 U.S. ___ (2016) that approved jurisdictional determinations (JDs) issued by...more

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