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Wetlands Jurisdiction

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

Harris Beach PLLC

Public Hearings Set for Changes to New York’s Freshwater Wetlands Act

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Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York. The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00...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

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

Harris Beach PLLC

NYSDEC Seeks Feedback on Revisions to Freshwater Wetlands Regulations

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The New York State Department of Environmental Conservation (NYSDEC) recently issued an Advanced Notice of Proposed Rule Making (ANPR) seeking written input on the development of updated Freshwater Mapping and Classification...more

Mintz

An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean...

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Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

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The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Schwabe, Williamson & Wyatt PC

Revised WOTUS Rule Limits Reach of Clean Water Act

On August 29, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of water of the United States (WOTUS) that significantly curtails the agencies’ authority...more

Mintz

EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow.

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Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...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

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

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

Bradley Arant Boult Cummings LLP

WOTUS at SCOTUS: Supreme Court Shrinks Clean Water Act Jurisdiction over Wetlands

Last week the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying what wetlands are subject to federal jurisdiction and regulation under the Clean Water Act (CWA). The Sackett case was brought...more

Nutter McClennen & Fish LLP

Supreme Court Narrows the Clean Water Act’s Jurisdictional Reach Over Wetlands

The Supreme Court, on May 25, 2023, addressed the longstanding issue of how to determine when a wetland is subject to jurisdiction under the Clean Water Act (the “CWA”). In Sackett v. Environmental Protection Agency, a 5-4...more

ArentFox Schiff

Supreme Court Issues Decision in Sackett v. EPA Rolling Back Clean Water Act Jurisdiction Over Certain Wetlands

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In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over...more

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

Wetlands Compensatory Mitigation: U.S. Army Corps of Engineers and Virginia Department of Environmental Quality Enter into...

The United States Army Corps of Engineers (“Corps”) and Virginia Department of Environmental Quality (“VDEQ”) entered into a March 29th document styled: Memorandum of Agreement Between the U.S. Army Corps of Engineers,...more

Schwabe, Williamson & Wyatt PC

Clean Water Act Coverage – Another Revised WOTUS Rule

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

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Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Venable LLP

Clean Water Act Wetlands Jurisdiction: Could Adjacency Be the New "Significant Nexus"?

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​​​​​​​The U.S. Supreme Court's October 2022 term began with a bang: a new Justice on the bench, the public back in the courtroom for the first time since the pandemic - and two hours of argument about the scope of federal...more

Perkins Coie

California Allows Housing on Commercial Lands, Limits Required Parking

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In what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage. This Update summarizes two key bills in this...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

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On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more

Dorsey & Whitney LLP

The Supreme Court - January 24, 2022

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Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:  These cases, involving the interpretation of the Equal Protection Clause...more

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