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Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more

US Supreme Court Upends Wetlands Regulatory Regime

The U.S. Supreme Court issued its long-awaited decision yesterday in the case of Sackett v. EPA, upending wetland regulation nationwide and dealing a significant blow to the Biden Administration’s rulemaking to define the...more

Back to the Future: The Biden Administration Releases Final WOTUS Rule

On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Is Regulatory Limbo the New Normal For WOTUS?

In environmental law, it’s hard to imagine a topic shrouded in more uncertainty and confusion than the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). After numerous Supreme Court...more

Practical Guide to Navigating Utah's Water Rights Adjudication Process

In an age of increasing demand and decreasing supply, obtaining and protecting valid water rights is essential for ranchers, agribusiness, energy companies, and private landowners. Equally important is understanding the...more

EPA Draft Guidance on County of Maui, Hawaii v. Hawaii Wildlife Decision

Today, the Environmental Protection Agency (“EPA”) published notice of draft guidance (the “Draft Guidance”) intended to assist regulated entities and permitting authorities in applying the United States Supreme Court’s...more

Keep Calm and Carry On - Self-Audits Under UDEQ's Agreement with EPA

On July 27, 2020, the Utah Department of Environmental Quality (DEQ) and Region 8 of the Environmental Protection Agency (EPA) (collectively, the “Parties”) entered into a Memorandum of Agreement (MOA) related to self-audits...more

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