For the first time in nearly 35 years, the U.S. Environmental Protection Agency (EPA or the Agency) has proposed to comprehensively revise regulations governing how Tribes and States assume responsibility over administration...more
I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more
After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more
On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more
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
In 2022, the on-going debate will continue over the hotly contested definition of “waters of the United States” (WOTUS), a phrase that determines the scope of federal jurisdiction over streams, wetlands and other waterbodies...more
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
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
The United States Environmental Protection Agency (“EPA”) reversed a prior decision and restored a Clean Water Act Section 404 veto of the Yazoo Backwater Area Pumps Project (“Project”). Earth Justice had previously filed...more
In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more
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
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
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
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
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
On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more
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
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
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
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
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
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
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
A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more
The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more