On March 12, the Environmental Protection Agency and the Office of the Assistant Secretary of the Army took steps to address lingering questions about the meaning and implementation of “waters of the United States” (WOTUS)...more
3/14/2025
/ Clean Water Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Jurisdiction ,
New Guidance ,
Regulatory Requirements ,
Sackett v EPA ,
SCOTUS ,
State and Local Government ,
Waters of the United States ,
Wetlands
On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two...more
“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ambiguities is no longer the law...more
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 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
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