News & Analysis as of

Wetlands Clean Water Act Endangered Species Act (ESA)

Mintz

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

Mintz on

We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Dickinson Wright

Florida Loses Wetland Permitting Authority

Dickinson Wright on

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

Adams and Reese LLP on

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

Manatt, Phelps & Phillips, LLP

The Supreme Court Provides Clarity and Contraction on Regulation of Waters of the United States

For the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest and most narrow regulatory...more

Allen Matkins

California Environmental Law & Policy Update - October 2022

Allen Matkins on

U.S. Supreme Court leans toward limiting scope of Clean Water Act - U.S. News & World Report – October 3 - U.S. Supreme Court justices on October 3 appeared open to limiting the reach of the U.S. Environmental Protection...more

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

Wetlands/Clean Water Act: Environmental Organizations File U.S. District Court Action Challenging U.S. Army Corps of Engineers 404...

The South Carolina Conservation League and three other environmental organizations filed an August 17th Complaint in the United States District Court (District of South Carolina) challenging the United States Army Corps of...more

Williams Mullen

Daylight Shines on Nationwide Permit 12, but Dark Clouds Still Loom

Williams Mullen on

In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

Woods Rogers on

On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

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

Waters of the United States/Clean Water Act: Environmental Organizations Notice of Intent to Sue U.S. Environmental Protection...

The Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency and United...more

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

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Allen Matkins

California Environmental Law and Policy Update - August 2014 #6

Allen Matkins on

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Miller Starr Regalia

Legal Update: Army Corps of Engineers Issues New Endangered Species Act Section 7 Guidance

Miller Starr Regalia on

On June 11, 2013, the Army Corps of Engineers (“Corps”) issued a new Endangered Species Guidance Document (“Guidance”) on the Section 7 consultation requirement for federal discretionary actions. While focused primarily on...more

15 Results
 / 
View per page
Page: of 1

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