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
8/30/2023
/ Administrative Procedure Act ,
Amended Rules ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Navigable Waters ,
Sackett v EPA ,
SCOTUS ,
Substantial Nexus ,
US Army Corps of Engineers ,
Waters of the United States
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
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
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
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
9/7/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Obama Administration ,
Remand ,
Trump Administration ,
US Army Corps of Engineers ,
Vacated ,
Waters of the United States ,
Wetlands
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
On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act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
12/10/2020
/ Appeals ,
Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
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
5/19/2020
/ Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
General Permit ,
Keystone XL Pipeline ,
Nationwide Permits (NWPs) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Oil & Gas ,
Pipelines ,
Surface Water ,
US Army Corps of Engineers ,
Vacated ,
Webinars
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
5/11/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
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
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