The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more
On October 22, 2019, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corp) published a final rule that will repeal an Obama-era Clean Water Rule (CWR) defining Waters of the United States (WOTUS)...more
Previously, we reported the Federal Circuit split (Part 1) regarding indirect discharges to navigable waters through groundwater and the Supreme Court’s grant of certiorari in one of those cases (Part 2), which will hopefully...more