News & Analysis as of September 18, 2024

Land Developers

+ Follow

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 -

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

Goulston & Storrs PC on 4/9/2024

Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on 7/14/2023

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Regulatory Changes: Massachusetts Wetlands Permitting

Goulston & Storrs PC on 6/29/2023

The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

The Clean Water Act’s Not So Clean Application in Close Cases

Goldberg Segalla on 10/14/2022

Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

Foley & Lardner LLP on 4/24/2020

On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

Trump EPA Proposes Limitations to WOTUS Rule

Snell & Wilmer on 12/13/2018

In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing...more

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/11/2018

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

Holland & Knight LLP on 2/5/2018

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

Steptoe & Johnson PLLC on 1/23/2018

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

West Coast Real Estate Update: January 2017 #2

Holland & Knight LLP on 1/24/2017

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

Ruder Ware on 7/7/2016

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

Jackson Walker on 6/6/2016

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

California Environmental Law & Policy Update - June 2016

Allen Matkins on 6/6/2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Seyfarth Shaw LLP on 6/6/2016

Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Morrison & Foerster LLP on 6/3/2016

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

US Supreme Court Holds US Army Corps Clean Water Act Determinations Reviewable

Morgan Lewis on 6/3/2016

Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more

Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

Manatt, Phelps & Phillips, LLP on 6/3/2016

U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404...more

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

Perkins Coie on 6/2/2016

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

U.S. Supreme Court Issues Landmark Decision Authorizing Review of Wetland Jurisdictional Determinations

Farella Braun + Martel LLP on 6/2/2016

On May 31, 2016, the U.S. Supreme Court issued an eagerly anticipated decision that will benefit landowners and developers by authorizing immediate judicial review of Approved Jurisdictional Determinations (JDs) issued by the...more

Bypassing Scylla and Charybdis: Pre-enforcement Judicial Review of Wetlands Determinations Under the Clean Water Act

Ruder Ware on 1/11/2016

In the Odyssey, Homer told of the inescapable sailing hazards that confronted Odysseus: the six-headed sea monster, Scylla, on one side of a strait and a whirlpool, Charybdis, on the other. Odysseus chose to avoid losing all...more

Testing the Waters: The U.S. Supreme Court Agrees to Hear U.S. Army Corps’ Clean Water Act Determinations Challenge

Foley & Lardner LLP on 12/16/2015

On December 11, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (Army Corps) jurisdictional determinations are final agency actions subject to...more

21 Results

View per page

Page: of 1

Clean Water Act › Environmental Protection Agency (EPA) › Land Developers

"My best business intelligence, in one easy email…"