Clean Water Act, Land Developers

Wastewater Plant/Subdivision: Faulkner County Circuit Court Action Filed Alleging Prospective Nuisance/Trespass Associated with...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/22/2024

The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more

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

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Foster Garvey PC on 1/13/2024

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...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

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/8/2019

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

U.S. Corps of Engineers Permit Application/Approval Process: March 28th Vicksburg District Outreach Event for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/7/2019

As noted in a February 5th post, the Vicksburg District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced the scheduling of what it describes as an “outreach event” for consultants and applicants. ...more

U.S. Corps of Engineers Permit Application/Approval Process: Vicksburg District Announces March 28th Outreach Event for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/6/2019

The Vicksburg, Mississippi District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced what they describe as an “outreach event” for consultants and applicants. The purpose of the outreach event...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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Proposed Pulaski County, Arkansas,...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/26/2018

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 25th Public Notice stating that an application had been received for a Section 404 Clean Water Act permit (i.e., to discharge dredged...more

Wetlands Designations/Clean Water Act: Federal Appellate Court Addresses Whether Appropriations Act Mandates Use of U.S. Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/3/2018

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 21st opinion whether language in a prior Congressional Act required the United States Army Corps of Engineers (“Corps”) to continue...more

Water Quality Certification Improvements Act of 2018: Association of State Wetland Managers/Association of Clean Water...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/18/2018

The Association of State Wetland Managers (“ASWM”) and Association of Clean Water Administrators (“ACWA”) (collectively “Associations”) transmitted a September 6th letter to the Chairman and Ranking Minority Member of the...more

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit: Proposed Ouachita County, Arkansas Wood Pellet...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/15/2018

The United States Army Corps of Engineers (“Corps”) (Vicksburg District) issued a June 12 public notice regarding a proposed project in Ouachita County, Arkansas, that is seeking a Clean Water Act Section 404 permit. The...more

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/5/2018

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

U.S. Army Corps of Engineers (Vicksburg District) Section 404 Permit Application Public Notice: Miller County, Arkansas Project

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/25/2018

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/16/2018

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...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

Wetland Mitigation Banks: National Trade Associations' March 12th Comments on U.S. Army Corps of Engineers (Fort Worth District)...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/3/2018

A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...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

Clean Water Act › Land Developers