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Wetlands Clean Water Act

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

Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United...

A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more

Farella Braun + Martel LLP

The Supreme Court's Recent Clean Water Act Decision Forces Local Jurisdictions to Tackle Wetlands Issues

As someone who grew up in Southwest Colorado, Ayden Crosby's great reporting on Silverton's efforts to grapple with wetlands issues after Sackett v. EPA hits close to home and highlights the impacts on local communities who...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

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

State Response to Sackett v. EPA: Colorado General Assembly Enacts Legislation Expanding Regulatory Authority Over...

The 74th General Assembly of the State of Colorado has enacted House Bill 24-1379 which is described as: …concerning the regulation of state waters in response to recent federal court action and, in connection therewith,...more

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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

Environmental Criminal Enforcement/Wetlands: U.S. Department of Justice Announces Sentencing for Virginia Company and Owner

The United States Department of Justice (“DOJ”) issued a June 27th news release stating that Boyd Farm LLC (“Boyd Farm”) and its owner Frazier T. Boyd III were sentenced on June 26th criminally for an alleged felony violation...more

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

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Carlton Fields

In Debate Over High Court Wording, 'Wetland' Remains Murky

Carlton Fields on

The U.S. Supreme Court significantly reduced the scope of Clean Water Act regulation over wetlands last year in Sackett v. Environmental Protection Agency. Originally Published in Law360. ...more

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

Waters of the United States/Clean Water Act: Earthjustice Projects Impact of Sackett v. EPA on a State-by-State Basis

The environmental organization Earthjustice has developed charts that provide the organization’s views on the impact of the United States Supreme Court decision Sackett v. EPA on the scope of the Clean Water Act term waters...more

Mintz

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

Mintz on

Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

Allen Matkins

California Environmental Law & Policy Update 4.26.24

Allen Matkins on

The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

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

Holland & Knight LLP

Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

Holland & Knight LLP on

The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more

Mintz

The Sacketts' lawyers have a new client and it seems like a visit to the Supreme Court is in their future!

Mintz on

Last August, when EPA and the Army Corps of Engineers published their tenth attempt to determine the jurisdictional reach of the Clean Water Act, the Agencies said that regulation involved no exercise of discretion because it...more

Keating Muething & Klekamp PLL

Predictions for 2024 on Federal Wetland Jurisdiction after Sackett and Regulation Amendments

Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...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

Morris, Manning & Martin, LLP

EPA and Corps Guidance Expands Clean Water Act Jurisdiction Over Wetlands Beyond the Supreme Court's Sackett Decision

In the decision Sackett v. EPA, the U.S. Supreme Court provided a clear statement regarding what wetlands are subject to regulation under the Clean Water Act, holding that the Clean Water Act “extends to only those wetlands...more

Husch Blackwell LLP

Murky Waters: Making Sense of the Food Security Act’s Swampbuster Program and the Clean Water Act’s Prior Converted Cropland...

Husch Blackwell LLP on

Although colder weather makes spring construction seem far away, farmers and landowners would be wise to assess permitting and in-field environmental studies ahead of spring planting needs....more

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

Waters of the United States/Clean Water Act: Federal Appellate Court Addresses Jurisdictional Challenge

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 18, 2023, Consolidated Opinion whether certain Louisiana wetlands were subject to Clean Water Act jurisdiction. See Lewis v....more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Foster Garvey PC

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Foster Garvey PC on

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...more

Mintz

We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges...

Mintz on

Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more

Foley Hoag LLP - Environmental Law

Post-Sackett, Who Will Speak for the Clean Water Act?

Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the...more

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