On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more
On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs...more
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water...more
The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more
9/8/2021
/ Arizona ,
Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Pending Legislation ,
Proposed Rules ,
US Army Corps of Engineers ,
Vacatur ,
Waters of the United States
Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more
1/25/2021
/ Administrative Procedure Act ,
Arctic National Wildlife Refuge ,
Biden Administration ,
Bureau of Land Management ,
Clean Air Act ,
Clean Water Act ,
Congressional Review Act ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hawaii Wildlife Fund v County of Maui ,
Liquid Natural Gas ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
Navigable Waters ,
NESHAP ,
NPDES ,
Oil & Gas ,
PHMSA ,
Tax Cuts and Jobs Act ,
US Fish and Wildlife Service
One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more
1/6/2021
/ Appeals ,
Biden Administration ,
Bureau of Land Management ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Dakota Access Pipeline ,
Department of the Interior ,
Endangered Species ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Land-Use Permits ,
Migratory Bird Treaty Act (MBTA) ,
National Emissions Standards ,
Natural Resources ,
NEPA ,
Oil & Gas ,
Paris Agreement ,
Renewable Energy ,
SCOTUS
On April 21, EPA published the revised definition of “Waters of the United States,” or “WOTUS,” in the Federal Register. WOTUS is a lynchpin phrase in the Clean Water Act that determines the jurisdictional reach of multiple...more
On January 23, EPA Administrator Wheeler announced the final rulemaking for the revised definition of “Waters of the United States,” a key phrase in the Clean Water Act that delineates the extent of federal jurisdiction over...more
1/27/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Waste Treatment Facilities ,
Waters of the United States ,
Wetlands