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Clean Water Act › Permits › Wetlands

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 -
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

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

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Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

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Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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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

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Northeast Minnesota Mine Project/Clean Water Act: U.S. Corps of Engineers Revokes Section 404 Permit

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The United States Army Corps of Engineers (St. Paul District) (“Corps”) issued a June 6th decision that revokes a previously suspended Section 404 Clean Water Act Permit for the NewRange Copper Nickel Company (“NewRange”). ...more

Obermayer Rebmann Maxwell & Hippel LLP

Water, Water, Everywhere? EPA and USACE Issue New, Broader Clean Water Act Rule

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During the past two years, the half-century-old Clean Water Act (“CWA”) has become a hot topic, with controversies over its interpretation coming to a boil throughout the end of last year into the beginning of this one. If a...more

Goldberg Segalla

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

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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

(ACOEL) | American College of Environmental...

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

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The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more

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Hot Springs/Little Rock Recreational Trail Project/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public...

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The United States Army Corps of Engineers (Little Rock District)(“Corps”) issued an August 24th Public Notice referencing Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act permit...more

Woods Rogers

Legal Alert – U.S. Army Corps Pauses Permit Decisions

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Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more

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Greentree Reservoir/Lonoke County, Arkansas: U.S. Army Corps of Engineers Public Notices 404 Permit Application

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The United States Army Corps of Engineers (Vicksburg District)(“Corps”) public noticed on April 27th a Clean Water Act Section 404 permit application for a proposed Greentree Reservoir (“Reservoir”). See Application No....more

Nossaman LLP

Podcast: What’s in a Wetland - An Overview of Federal and State Developments in Defining Jurisdictional Wetlands

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In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more

Williams Mullen

Are Jurisdictional Determinations Valid only for Five Years?

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As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more

Holland & Knight LLP

Florida Dept. of Environmental Protection Takes Over Federal Wetlands Permit Process in State

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The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

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On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...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

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

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On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

Foley & Lardner LLP

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

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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

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Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

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The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

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

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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

Nossaman LLP

[Webinar] WOTS Up? An Update Regarding Regulation of Waters of the State (WOTS) and Waters of the United States (WOTUS) - June...

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This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more

Husch Blackwell LLP

Update On Wisconsin Indian Tribe’s Lawsuit Against Federal Government

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As mentioned in a prior blog post, the Menominee Indian Tribe of Wisconsin (“Tribe”) sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty...more

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U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Southwest Arkansas Regional Intermodal...

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The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 29th Public Notice referencing a Section 404 Clean Water Application by the Southwest Arkansas Regional Intermodal Authority...more

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

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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

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

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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

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