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US EPA and Army Corps Announce Final Rule Amending WOTUS

On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

US Supreme Court Issues Decision in Sackett v. EPA Clean Water Act Case

Today, the U.S. Supreme Court issued its long-awaited decision in the Sackett v. EPA case, in which it narrowed the test for determining whether wetlands are subject to federal jurisdiction under the Clean Water Act, thereby...more

Judge Carr Approves Consent Decree Resolving Lake Erie Algae Bloom Litigation

On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more

U.S. EPA issues final WOTUS definition

On December 30, 2022, U.S. EPA and the U.S. Department of the Army announced a final rule revising the definition of Waters of the United States (WOTUS). The final rule largely follows the substance of U.S. EPA’s proposed...more

U.S. Supreme Court accepts WOTUS jurisdictional question

On January 24, 2022, the U.S. Supreme Court granted a petition for a writ of certiorari in Sackett v. EPA (case no. 21-454) regarding the question,“[w]hether the Ninth Circuit set forth the proper test for determining whether...more

U.S. EPA issues proposed revised WOTUS definition

On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced a proposed rule to revise the definition of Waters of the United States (WOTUS). According to the agencies, the...more

Ohio EPA issues water quality certification for NWPs

On October 13, 2021, Ohio EPA issued its water quality certification pursuant to Section 401 of the Clean Water Act for the 41 nationwide permits (NWPs) that are currently set to expire on March 18, 2022.  NWPs offer a...more

Federal court vacates and remands Trump administration federal wetlands rule

On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more

U.S. EPA and Army Corps to repeal and replace Navigable Waters Protection Rule

On June 9, 2021, the Biden administration announced its intent to repeal and replace the Trump administration’s 2020 Navigable Waters Protection Rule, which defines which waterbodies constitute “waters of the United States”...more

CERCLA contribution reach and the Guam do-over

On May 24, 2021, the U.S. Supreme Court released its opinion in the Territory of Guam v. United States case. At issue was whether Guam could maintain a Comprehensive Environmental Response, Compensation, and Liability Act...more

US EPA issues draft guidance regarding NPDES permitting requirements following Maui Supreme Court decision

On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams (UPDATED)

Update June 29, 2020: On June 25, 2020, Ohio EPA issued the Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. ...more

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

Trump administration's executive order waives permitting requirements to speed economic recovery

On June 4, 2020, President Trump signed an executive order instructing his administration to use any applicable “emergency authorities” to waive requirements within certain environmental laws in order to facilitate permitting...more

[Webinar] A Tale of Two Permits - May 21st, 2:00 pm - 3:00 pm EST

Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more

U.S. Supreme Court rules that the Clean Water Act regulates groundwater

In a 6-3 opinion issued on April 23, 2020, the U.S. Supreme Court ruled that the Clean Water Act regulates activities that release pollutants that are eventually conveyed through groundwater to navigable water. The ruling is...more

EPA and Army Corps announce new “waters of the United States” rule

On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) announced new rule language to replace the Obama Administration’s 2015 Clean Water Rule...more

Judge Carr Dismisses Lake Erie litigation

Judge Carr issued an order on October 3, 2018, in Environmental Law and Policy Center, et al., v. U.S. EPA, et al., effectively dismissing the litigation and providing no clear path forward for challenges of Ohio EPA’s plan...more

Sixth Circuit rules that the Clean Water Act does not regulate discharges to navigable waters via groundwater

In two opinions issued on September 24, 2018, the Sixth Circuit ruled that discharges of a pollutant to surface waters through groundwater do not require a National Pollutant Discharge Elimination System permit, pursuant to...more

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