News & Analysis as of

Environmental Protection Agency (EPA) Navigable Waters Protection Rule US Army Corps of Engineers

Holland & Knight LLP

Waters of the United States Rule Revised in Response to Sackett Decision

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The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more

Meyers Nave

Sackett v. EPA: What Lies Ahead for Water Regulation and Wetland Protection?

Meyers Nave on

On May 25, 2023, the U.S. Supreme Court reversed the Ninth Circuit’s decision in the Sackett v. EPA case in favor of the Environmental Protection Agency (“EPA”) and instead held that the Clean Water Act (“CWA”) only protects...more

Ward and Smith, P.A.

WOTUS Whiplash 4.0: The Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on

It's that song in your head that you can't stop hearing.  On March 20, 2023, the 500-plus page final Revised Definition of "Waters of the United States" ("2023 WOTUS Rule" or "Rule") went into effect, published jointly by...more

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

Akerman LLP on

Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

Robinson+Cole Environmental Law +

EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in...

In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act...more

Pierce Atwood LLP

EPA and U.S. Army Corps Finalize Rule Establishing (For Now) Federal Authority Over Wetlands

Pierce Atwood LLP on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more

Burr & Forman

Waters of the United States: Back to the Future

Burr & Forman on

On December 30, 2022, EPA and the U.S. Army Corps of Engineers (Corps) (together the Agencies) issued a prepublication version of the latest definition of Waters of the United States (WOTUS). It will become effective when...more

Nossaman LLP

EPA Announces Regional WOTUS Roundtables

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On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

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

Waters of the United States: U.S. Environmental Protection Agency Letter Addressing Florida's Regulatory Position

Region 4 of the United States Environmental Protection Agency (“EPA”) sent a January 31st letter to the Florida Department of Environmental Protection (“FDEP”) responding to its correspondence regarding the Clean Water Act...more

Lippes Mathias LLP

SCOTUS Takes up WOTUS... Again

Lippes Mathias LLP on

On Monday, January 24, 2022, the U.S. Supreme Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency, 19-35469 to decide “[w]hether the Ninth Circuit set forth the proper test for determining...more

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

Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: 117 Democratic Congressmen...

One hundred and seventeen Democratic members of the United States House of Representatives sent a February 7th letter to the Administrator of the United States Environmental Protection Agency (“EPA”) and Assistant Secretary...more

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

Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: Agricultural Organizations...

Twenty-two agricultural organizations submitted February 7th comments to the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) addressing the federal agencies’ joint proposed rule to...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Holland & Hart LLP on

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Bracewell LLP

USACE Changes Course on CWA Approved Jurisdictional Determinations

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On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs...more

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

Stinson LLP on

On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

Nossaman LLP on

On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

Snell & Wilmer

So, What Exactly Is A Water Of The U.S.?

Snell & Wilmer on

The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more

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

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Pre-Proposal Comments

The Association of Clean Water Administrators (“ACWA”) submitted on September 9th what it describes as “pre-proposal” comments regarding the Clean Water Act definition of waters of the United States (“WOTUS”). The...more

(ACOEL) | American College of Environmental...

How Safe is Your WOTUS Harbor?

In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more

Adams and Reese LLP

EPA’s Adoption of Arizona Court’s Ruling on NWPR May Immediately Impact Wetland Permitting Requirements

Adams and Reese LLP on

An Arizona District Court's recent ruling has effectively eliminated the Trump-era Navigable Waters Protection Rule (NWPR) on a nationwide scale and could dramatically alter the Federal 404 wetland dredge-and-fill permit...more

Mintz

Not with a bang but a whimper -- EPA decides no Clean Water Act regulations better after all

Mintz on

In June, EPA said it intended its current regulations determining the reach of the Clean Water Act to remain in place while it developed new regulations doing the same thing differently. It has repeated that position in...more

Sheppard Mullin Richter & Hampton LLP

Uncertainty Over ‘Waters of the U.S.’ Definition Continues, as Federal Court in Arizona Vacates 2020 Rule

The U.S. District Court for the District of Arizona on August 30 vacated the 2020 Navigable Waters Protection Rule (NWPR) that redefined “waters of the United States” for purposes of Clean Water Act jurisdiction, effectively...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers to Follow Pre-2015 Regulatory...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced on September 3rd that they have halted implementation of the Navigable Waters Protection Rule (“NWPR”) and...more

Bracewell LLP

Navigable Waters Protection Rule Vacated—EPA & Corps to Treat Vacatur as Nationwide

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The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more

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