On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more
6/8/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more
1/22/2021
/ Administrative Review ,
Biden Administration ,
Bureau of Land Management ,
Carbon Emissions ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Executive Orders ,
Methane ,
National Environmental Policies ,
NEPA ,
Obama Administration ,
Oil & Gas ,
Supplemental Environmental Project (SEP) Policy ,
Trump Administration ,
Waters of the United States
The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more
12/17/2020
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more
2/27/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
On September 24, 2018, the US Court of Appeals for the Sixth Circuit ruled that the Clean Water Act (CWA) does not require a National Pollution Discharge Elimination System (NPDES) permit for the discharges of pollutants to...more
This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more
3/16/2018
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Protection Agency (EPA) ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Groundwater ,
Infrastructure ,
NEPA ,
Permits ,
Public Projects ,
Trump Administration ,
Water Supplies
This is the second issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more
3/2/2018
/ Clean Water Act ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits ,
Trump Administration ,
Waters of the United States
On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for “waters of the United States”), must be filed in federal district...more
A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more
On February 28, 2017, President Trump signed an Executive Order to begin the process of rescinding or revising the infamous Waters of the United States (or WOTUS) Rule. Years in the making, the WOTUS Rule was supposed to...more
On May 31, 2016, the Supreme Court of the United States held that final determinations by the U.S. Army Corps of Engineers regarding the presence or absence of “waters of the United States” can be appealed to the courts. The...more
6/2/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Yesterday, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers released a final rule defining the scope of waters protected under the Clean Water Act, or “waters of the United States.”...more
The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more