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Clean Water Act › Administrative Procedure Act

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Quarles & Brady LLP

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

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Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Mintz

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

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Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Challenge to U.S. Army Corps of Engineers Approval of Mitigation...

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A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

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A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

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When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

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Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

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Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Snell & Wilmer

EPA Issues Emergency New Rule on Waters of the United States

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Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act...more

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

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On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

Mintz

EPA says we should have its next stab at a Waters of the United States rule in September. What's next?

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Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September.  Assistant Administrator Fox promises that the new regulation...more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

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The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: United States District Judge (District of North Dakota) Enjoins Enforcement of Rule...

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United States District Judge Daniel L. Hovland (District of North Dakota) issued an April 12th Order granting plaintiffs’ Motion for Preliminary Injunction (“Order”) addressing a challenge to a final rule issued by the United...more

(ACOEL) | American College of Environmental...

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

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On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal District Court Addresses Conservation Groups' Motion for Intervention in U.S....

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A United States District Court (E.D. Kentucky) (“Court”) addressed in a February 8th Memorandum Opinion and Order (“Opinion”) various conservation groups’ (“CGs”) Motion to Intervene (“Motion”) in litigation involving a rule...more

Pillsbury Winthrop Shaw Pittman LLP

Seeking Certainty: Redefining “Waters of the United States”

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The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters. To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Ozark-St. Francis National Forest/Prescribed Burn/Logging/National Environmental Policy Act: Buffalo River Watershed Alliance...

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The Buffalo River Watershed Alliance (“BRWA”) filed a February 21st Complaint for Vacatur of Illegal Agency Decision, Declaratory and Injunctive Relief (“Complaint”) against the United States Forest Service (“Forest Service”)...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

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This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Mintz

This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to...

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Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more

ArentFox Schiff

Key Supreme Court Cases to Watch in Administrative and Environmental Law

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The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean...more

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