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Supreme Court Limits Reach of Clean Water Act

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental...more

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications

The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs....more

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope...more

Industrial Landowners May Be Liable for Tenants’ Stormwater Discharges

In California Sportfishing Protection Alliance v. Shiloh Group, LLC, Case No. 16-CV-06499-DMR, 2017 WL 3136443 (N.D. Cal. Jul. 24, 2017), the United States District Court for the Northern District of California held that the...more

Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,...more

Supreme Court to Resolve Split on Court Review of Clean Water Act Jurisdictional Determinations

The U.S. Supreme Court decided last week to review a ruling from the U.S. Court of Appeals for the Eighth Circuit that jurisdictional determinations under the Clean Water Act are final agency actions subject to judicial...more

Federal Appeals Court Blocks Clean Water Rule Nationwide

In an attempt to “temporarily silence[] the whirlwind of confusion that springs from uncertainty,” the U.S. Court of Appeals for the Sixth Circuit has blocked the new rule defining “waters of the United States” under the...more

Federal Court Stops Clean Water Act Rule from Going into Effect in 13 States

On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more

EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

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