The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of...more
A new season of the regulatory drama “WOTUS” dropped last week. On August 30, a federal court in Arizona granted EPA and the Army Corps of Engineers’ (Corps) (collectively, the “Agencies”) request to remand their 2020...more
On June 9, 2021, the U.S. EPA and U.S. Army Corps of Engineers (collectively, the “Agencies”) jointly announced their intention to revisit and revise the definition of “waters of the U.S.” (WOTUS). The definition of WOTUS...more
On April 21, less than a week after a federal district court in Montana vacated Nationwide Permit (“NWP”) 12, EPA and the U.S. Army Corps of Engineers (“Corps”) published the Navigable Waters Protection Rule (“NWPR”). The...more
On December 11, 2018, the United States Environmental Protection Agency (EPA) published a proposed rule to revise the definition of Waters of the United States (WOTUS) under the Clean Water Act (CWA) in a manner that would...more