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Clean Water Act › Endangered Species Act (ESA) › US Army Corps of Engineers

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 -
Mintz

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

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We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...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

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

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

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Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

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In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

Troutman Pepper

Tenth Circuit Resolves Jurisdictional Dispute, Finds FPA Jurisdictional Limit Does Not Apply to Non-FERC Agency Orders

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On September 30, the U.S. Court of Appeals for the Tenth Circuit issued an opinion in Save the Colorado, et al. v. Spellmon. The case arose from various conservation group challenges to the U.S. Army Corps of Engineers...more

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

Wetlands/Clean Water Act: Environmental Organizations File U.S. District Court Action Challenging U.S. Army Corps of Engineers 404...

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The South Carolina Conservation League and three other environmental organizations filed an August 17th Complaint in the United States District Court (District of South Carolina) challenging the United States Army Corps of...more

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

U.S. Geological Survey Streamgaging Networks: 89 Organizations/Coalition Letter to United States Congress Supporting...

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Eighty-nine organizations (collectively “Coalition”)two sent letters, respectively, to United States Senators Merkley and Murkowski, and Congresswoman Pingree and Congressman Joyce urging their support to enable the U.S....more

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

Endangered Species Act/Bullitt County (Kentucky) Transmission Pipeline: Center for Biological Diversity Notice of Intent to Sue...

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The Center for Biological Diversity (“CBD”) and Kentucky Resources Council (collectively “CBD”) sent a 60-day Notice of Intent (“NOI”) to Sue the United States Fish and Wildlife Service (“Service”) and United States Army...more

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

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The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

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The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

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JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

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Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Vinson & Elkins LLP

Proposed Renewal Of Nationwide Permits

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On September 15, 2020, the Army Corps of Engineers (“Corps”) released a notice of proposed rulemaking to modify and reissue its existing Nationwide Permits (“NWPs”) and is accepting public comments through November 16, 2020....more

Bond Schoeneck & King PLLC

Current Events and Roiling Waters - Part 4: Nationwide Permit 12 – Still Standing…At Least For Now

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This is Part 4 in a five-part series addressing the latest changes in legal standards regulating water resources in the United States. Part 4 addresses the fallout from recent decisions in a lawsuit over the Keystone XL...more

Dickinson Wright

Nationwide Permit 12 Has Been Vacated. Does that Matter Nationwide? (Updated)

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Update 7/16/2020: On July 6, 2020, the U.S. Supreme Court significantly narrowed the scope of the District Court’s injunction by staying the order except as applied to the Keystone XL pipeline, pending resolution of the...more

Williams Mullen

Daylight Shines on Nationwide Permit 12, but Dark Clouds Still Loom

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In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

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Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

Pillsbury Winthrop Shaw Pittman LLP

President’s Executive Order to Expedite Environmental Reviews of Infrastructure Pushes the Envelope on the Interpretation of...

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The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects. A recent Executive Order by President Trump directs agencies to expedite...more

Orrick, Herrington & Sutcliffe LLP

Uncertainty Lingers During Appeal of Nationwide Permit 12 Ruling

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A permitting program that is important to developers and environmentalists is in turmoil after a series of judicial actions in the Keystone XL Pipeline case. ...more

Blank Rome LLP

CWA Update: Two Recent Cases Impact CWA Permitting and Enforcement

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Two recent cases have the potential to dramatically alter the state of permitting and enforcement under the federal Clean Water Act (“CWA”) with far reaching implications to energy infrastructure project proponents and the...more

Bricker Graydon LLP

[Webinar] A Tale of Two Permits - May 21st, 2:00 pm - 3:00 pm EST

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Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more

Husch Blackwell LLP

Nationwide Permit (NWP) 12 Re-Opened For Non-Oil And Gas Pipeline Projects

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The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more

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