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New York City Council Passes “City of Yes for Housing Opportunity”

On December 5, 2024, the New York City Council approved the “City of Yes for Housing Opportunity” text amendment, as modified by the City Planning Commission, following recommendations from the Zoning and Franchises...more

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

WOTUS Update: The Courts, Congress, and the Biden Administration Continue the Dance

Exactly what should be considered "waters of the United States" as it applies to the Clean Water Act has been ill defined and contended in the courts and in Congress for more than 15 years. A review of recent court decisions...more

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

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