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Wetland Permitting in Virginia Made Murky by New Federal Rules and Corps District Staffing Shortages

A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more

Revised Tidal Wetlands Guidelines for Virginia: A New Mandate for Living Shoreline Use and Sea Level Rise Adaptation

Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.”...more

Daylight Shines on Nationwide Permit 12, but Dark Clouds Still Loom

In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more

End of the Line? EPA and Corps of Engineers Finalize New Definition of “Waters of the United States”

As reported in a number of our newsletter articles over the past several years, both the Obama Administration, through its Clean Water Rule, and the Trump Administration have pursued major changes to the scope of...more

Supreme Court Holds that NPDES Permit Can be Required for Discharges to Groundwater that Reach...

As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more

Stop the Pipes? Corps' Nationwide Permit 12 Vacated by Federal District Court

An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corps’) is unlawful. Nationwide permits...more

The Endless Dance: Defining “Waters of the United States”

The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

Can Discharges to Groundwater Trigger Clean Water Act Liability

It’s a bad day when you find out that your facility has been leaking wastewater, wastes, petroleum product or chemicals. But if the leak went into the soil and the groundwater first, rather than a nearby creek, are you liable...more

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