On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define “waters of the United States” (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by...more
The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more
Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more
The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more
On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, “the agencies”) released their proposal for the controversial and highly litigated definition of “waters of...more
Following a truncated August recess, the House and the Senate returned to Washington after Labor Day with a full plate of legislative items to address prior to the end of the fiscal year on September 30. That list includes...more
Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more
On July 27, 2017, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published their proposed rule to rescind the Clean Water Rule. This is the same rule that was released in pre-publication form in...more