After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more
4/15/2025
/ Clean Water Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Government Agencies ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Agency consideration of climate change curtailed in update to decades-old policy -
On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more
1/16/2020
/ CEQ ,
Climate Change ,
Comment Period ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
NEPA ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands