News & Analysis as of

Waters of the United States

EPA Pushes To Rewrite Controversial Waters Of U.S. Rule (WOTUS)

by Conn Maciel Carey LLP on

Under the new leadership taking over in the Trump Administration, the Environmental Protection Agency is acting at an unusually swift pace for a federal regulator in its effort to totally revamp the Obama EPA’s controversial...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Committee hearing on “A Review of the Technical, Scientific, and Legal Basis of the WOTUS (Waters of the United States) Rule.”...more

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

by Latham & Watkins LLP on

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

U.S. Supreme Court Denies the Trump Administration’s Request to Suspend the Pending Litigation in the Sixth Circuit Court of...

by Ruder Ware on

On April 3, 2017, the United States Supreme Court denied a request from the Trump Administration to place a hold on the pending litigation in which the EPA’s and the U.S. Army Corps of Engineer’s Clean Water Rule is being...more

Trump Seeks to Drown Clean Water Rule and Slash EPA’s Budget

by Williams Mullen on

Since the last edition of Environmental Notes, President Trump has taken two significant actions concerning the environment. First, he has begun the process to rescind or revise the Clean Water Rule, EPA’s regulation that...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Presidential Executive Order Begins Rollback of the “Waters of the United States Rule”

by Freeborn & Peters LLP on

The rollback of the controversial Waters of the United States (WOTUS) Rule is underway. Last week, President Trump issued an Executive Order directing the Environmental Protection Agency (EPA) and the Department of the Army...more

Corps of Engineers Nationwide Permits – Some New, Some Modified – Take Effect

by Beveridge & Diamond PC on

On March 19, 2017, the latest iterations of the U.S. Army Corps of Engineers’ nationwide permits (NWPs) will take effect. As set forth in the Corps’ final rule announcing these NWPs, the 2017 package contains 52 permits,...more

President Trump Orders Revisit of "Waters of the United States" Rule

by Clark Hill PLC on

President Donald Trump issued, on February 28, 2017, an Executive Order ("EO") aimed at rescinding and revising the Obama Administration-issued final rule entitled "Clean Water Rule: Definition of 'Waters of the United...more

Changing Tide for Obama-era Water Rule

On February 28, 2017, President Trump signed an Executive Order (EO) directing the withdrawal of the controversial Waters of the United States (WOTUS) Rule. The Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

Implications of “Waters of the U.S.” (WOTUS) Rule Rollback for Pesticide Permitting

by Bergeson & Campbell, P.C. on

President Trump’s February 28, 2017, Executive Order (E.O.) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest...more

“Waters of the US” – The Tide of Uncertainty Rises Again

The controversial definition of “Waters of the United States” (WOTUS), which establishes the reach of federal jurisdiction under the Clean Water Act, has been thrust in a new direction. On February 28, 2017, President Trump...more

President Trump Signs WOTUS Rule's Death Warrant

by WilmerHale on

On February 28, 2017, President Trump signed an Executive Order to begin the process of rescinding or revising the infamous Waters of the United States (or WOTUS) Rule. Years in the making, the WOTUS Rule was supposed to...more

California Environmental Law & Policy Update - March 2017

by Allen Matkins on

Environmental and Policy Focus - Trump directs rollback of Obama-era water rule - The Washington Post - Feb 28 - President Trump on Tuesday instructed the Environmental Protection Agency (EPA) and Army Corps of...more

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

by Morgan Lewis on

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

The Executive Order on the WOTUS Rule: Will It Really Reduce Regulatory Uncertainty?

March 2nd, 2017, President Trump issued another executive order on the environment, this time directing EPA to revisit the EPA rule defining Waters of the United States under the Clean Water Act. It’s a curious order, for a...more

President Trump Orders Reexamination of Controversial Federal Power Grab Under Clean Water Act

by Pessin Katz Law, P.A. on

The Clean Water Act, passed in 1972, allows the EPA and the Army Corp of Engineers to regulate many activities, including development and agriculture, to the extent these activities impact Waters of the United States. Such...more

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

by 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

Trump Issues Order for Review of Clean Water Rule

by Dorsey & Whitney LLP on

On February 28, 2017, President Trump signed an executive order directing the U. S. Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) to review the Clean Water Rule, also known as the Waters of...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

by Perkins Coie on

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

by Latham & Watkins LLP on

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S....more

Briefing Paper on President Trump's Executive Order ane the Definition of "Waters of the United States"

On February 28, 2017, President Trump signed an Executive Order entitled “RESTORING THE RULE OF LAW, FEDERALISM, AND ECONOMIC GROWTH BY REVIEWING THE ‘WATERS OF THE UNITED STATES’ RULE.” The purpose of this briefing paper is...more

WOTUS, We Hardly Knew Ye

With a flourish of his pen, on February 28 President Trump signed an Executive Order aimed at dismantling the ill-fated Waters of the United States (WOTUS) rule. The rule was the latest attempt by EPA and the Army Corps of...more

Whither EPA

by Burr & Forman on

President Trump has proposed a dramatic cut in funding for the Environmental Protection Agency, the new EPA Administrator has suggested rollbacks in regulations, and there are even proposals to abolish the Agency entirely. ...more

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