News & Analysis as of

Environmental Protection Agency (EPA) Rulemaking Process Navigable Waters

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Akerman LLP

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

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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

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

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The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Burr & Forman

Waters of the United States: Back to the Future

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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

Bracewell LLP

Biden Administration Finalizes Redefinition of "Waters of the United States"

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On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...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

Stinson LLP

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

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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

Burr & Forman

The Continuing WOTUS Saga

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On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

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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

Snell & Wilmer

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

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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

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Bilzin Sumberg

WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos

Bilzin Sumberg on

As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more

Nossaman LLP

WOTUS No More: EPA and Corps Revert to Pre-2015 Framework

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On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies’ will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21,...more

Lewis Roca

Arizona Federal Court Vacates The Navigable Waters Protection Rule, EPA and the Army Corps to Redefine “Waters of the United...

Lewis Roca on

On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government...more

Bilzin Sumberg

EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States

Bilzin Sumberg on

In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public...more

Lippes Mathias LLP

EPA And U.S. Army Corps of Engineers Begin Engagement on Formal Rulemaking to Redefine “Waters of the United States”

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On July 30, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively, the Agencies) announced the beginning of their formal regulatory rulemaking to roll back the Trump...more

Holland & Knight LLP

Biden Administration Begins Process of Revising Waters of the U.S. Rule

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The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more

Nossaman LLP

New POTUS, New WOTUS?

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At the end of July, the Environmental Protection Agency (EPA) announced that the Biden administration will begin working to create a “durable definition” of Waters of the United States (WOTUS). EPA and U.S. Army Corps of...more

Morgan Lewis

Biden-Harris Administration Plans to Revise ‘Waters of the United States’ Definition

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In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more

Nossaman LLP

Redefining Navigable Waters: The Next Frontier of the WOTUS Saga

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In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more

Bracewell LLP

Clean Water Act News: Final Rulemaking Defining Waters of the United States Released (Updated)

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On April 21, EPA published the revised definition of “Waters of the United States,” or “WOTUS,” in the Federal Register. WOTUS is a lynchpin phrase in the Clean Water Act that determines the jurisdictional reach of multiple...more

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

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On April 21, 2020, the U.S. Environmental Protection Agency (US EPA) and the Army Corps of Engineers (Army Corps) published in the Federal Register their revised rule defining which waterbodies are subject to federal...more

WilmerHale

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

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On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Sheppard Mullin Richter & Hampton LLP

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more

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