Waters of the United States

News & Analysis as of

Sixth Circuit Will Not Rehear Venue Question in Clean Water Act Rule Dispute

On April 21, 2016 the United States Court of Appeals for the Sixth Circuit denied several petitions for rehearing en banc a Sixth Circuit panel decision that looked at which courts (federal district court or federal courts of...more

Clean Water Act’s WOTUS Rule: Summary and Updates

In June 2015, the U.S. Environmental Protection Agency and the Army Corps of Engineers published a final rule, the “Clean Water Rule: Definitions of ‘Waters of the United States,’” defining the term “waters of the United...more

A Substantive Due Process Right to Climate Change Regulation? What’s a Lonely Apostle of Judicial Restraint To Do?

Late last week, Magistrate Judge Thomas Coffin concluded that the most recent public trust case, which seeks an injunction requiring the United States to take actions to reduce atmospheric CO2 concentrations to 350 parts per...more

U.S. Court of Appeals Issues Split WOTUS Ruling

On February 22, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit (Cincinnati) issued a split 2-1 decision, ruling that it has jurisdiction to proceed with challenges to the Obama administration's "Waters...more

Environmental Notes - March 2016

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed

The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more

In the Heart of the Rainy Season: The New (Stayed) Clean Water Rule Covers Vernal Pools in California

After years of drought, the El Niño storms have been bringing much-needed rain and snow to California–albeit in quantities significantly less than we hoped for thus far. In addition to the anticipated snow packs, flowing...more

“Waters of the U.S.” Rule Still Subject to Nationwide Stay, For Now

Would you consider this a “Water of the United States” subject to the Clean Water Act? Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus...more

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

Nationwide Stay of WOTUS Rules Remains in Effect - On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more

Sixth Circuit Determines it has Jurisdiction to Hear Challenges to the Clean Water Rule

On February 22, 2016, in a 2-1 decision, the US Court of Appeals for the Sixth Circuit determined it has jurisdiction over the numerous legal challenges to the Clean Water Rule (the Final Rule), thus siding with the position...more

Renewable Energy Case Law Update

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

EPA's Clean Water Rule: Congressional Attempt to Stop is Vetoed, but Pending U.S. Court of Appeals' Stay Remains in Effect

On January 19, 2016, President Obama issued the ninth veto of his presidency, rejecting Joint Resolution 22, a congressional resolution that would have overturned EPA’s recently enacted regulations defining the "waters of the...more

Energy & Environment Update - January 2016 #3

Energy and Climate Debate - The winter weather postponed much congressional and Administrative action on energy, environment, and other issues this week, but the Senate has now officially begun floor debate on the first...more

2016 Water Outlook

There are several significant regulatory and legal actions involving water issues that are expected to unfold in 2016. Each has the potential to significantly impact the regulated community and all bear watching in 2016. ...more

Bill to Nullify Clean Water Rule Vetoed

On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under...more

Waters of the U.S. Rule Drowning to Start 2016

Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition...more

2015 U.S. Environmental Federal Regulatory Recap

Listed below are the names of key regulations, acts, and legislation that have been enacted, proposed, updated and passed in 2015 at the federal level. Topics covered include air, chemicals, enforcement, underground storage...more

Some Things Upcoming in 2016

As the New Year begins, a number of issues will compete for attention from Congress and the courts, and we may even get some final determinations about matters that have been long simmering. Much of the substantive work of...more

Agriculture, Food, and Health Issues to Watch for 2016

As the agriculture and food industries head into the new year, a number of important cases and regulatory issues that have the potential to dramatically affect the industry are front and center. Below, Armstrong Teasdale’s...more

Defining the Scope of Waters of the United States: Supreme Court to Decide Whether Federal Courts Will Be Able to Review Clean...

For 30 years developers, agencies and courts have struggled over defining the purview of Clean Water Act jurisdiction (“CWA” or the “Act”). However, three U.S. Supreme Court rulings and a revised federal rule attempting to...more

Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial...

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more

2016 Regulatory Forecast: Environmental & Energy Policy

Looking ahead to 2016, federal environmental and energy policies will continue to have a significant impact on businesses across many sectors. That impact will be particularly pronounced as the current Administration...more

Testing the Waters: The U.S. Supreme Court Agrees to Hear U.S. Army Corps’ Clean Water Act Determinations Challenge

On December 11, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (Army Corps) jurisdictional determinations are final agency actions subject to...more

Supreme Court Will Determine Whether Corps Jurisdictional Determination Can Be Appealed

Can you appeal a U.S. Army Corps of Engineers’ jurisdictional determination (“JD”) that a water feature constitutes waters of the United States? The Administrative Procedures Act allows such an appeal if it is determined that...more

Supreme Court to Resolve Split on Court Review of Clean Water Act Jurisdictional Determinations

The U.S. Supreme Court decided last week to review a ruling from the U.S. Court of Appeals for the Eighth Circuit that jurisdictional determinations under the Clean Water Act are final agency actions subject to judicial...more

166 Results
|
View per page
Page: of 7
JD Supra Readers' Choice 2016 Awards

"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:

Sign up to create your digest using LinkedIn*

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

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×