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Executive Orders Navigable Waters

Adams and Reese LLP

WOTUS Definition Just Months Before Supreme Court Ruling ‘Digs Same Hole’ of 50-Year Debate

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When you find yourself digging the same hole and getting nowhere, quit digging. At least, that is what rational logic would dictate. On December 30, 2022, the U.S. EPA and the U.S. Army Corps of Engineers (collectively,...more

Adams and Reese LLP

NWPR Update: EPA Proposes New Old Wetland Rule; The Clock is Now Ticking for Florida’s Developers

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An Arizona district court decision right before Labor Day effectively put the pre-2015 wetlands jurisdiction rule back in effect for most states, eliminating changes made under both the Obama and Trump administrations. (See...more

Nossaman LLP

Biden Administration to Review Species Rules and Related Frameworks

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On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 17, 2020 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and...more

K&L Gates LLP

Finally Finality? The Trump Administration’s Answer to One of Environmental Law’s Most Contested Questions: What Are “Waters of...

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On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) finalized the Navigable Waters Protection Rule (Rule) to define “waters of the United States” (WOTUS). ...more

Williams Mullen

EPA Answers Trump’s Call for Less State Authority Under the Clean Water Act

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EPA recently published a proposed federal rule (“Proposed Rule”) aimed at limiting the authority of states to deny certifications of compliance with state water quality requirements under Section 401 of the Clean Water Act...more

Womble Bond Dickinson

Trump Administration Repeals “Waters of the U.S.” Rule and Moves Towards a Replacement

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On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Locke Lord LLP

A NEW WOTUS FROM POTUS: Trump Administration Releases Highly Anticipated Replacement for Controversial “Waters of the U.S.” Rule

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On December 11, 2018, the United States Environmental Protection Agency (EPA) published a proposed rule to revise the definition of Waters of the United States (WOTUS) under the Clean Water Act (CWA) in a manner that would...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

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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

Burr & Forman

Waters of the U.S.: Extension of Public Comment Period to Re-establish Historic Rule and Announcement of Public Meetings for...

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In late August, EPA and the U.S. Army Corps of Engineers announced an extension of the public comment period for a proposal to recodify a pre-existing rule defining the scope of waters of the United States. The...more

Schwabe, Williamson & Wyatt PC

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

Perkins Coie

Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

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The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more

Foley & Lardner LLP

Trump Administration Rescinds WOTUS Rule

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Earlier this week, the Trump administration added another Obama-era regulation to its list of policy rollbacks. On Tuesday, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a...more

Nossaman LLP

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

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Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Perkins Coie

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

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In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

Stoel Rives LLP

Activists Make Good on Promise to Sue DOT over Pipeline Regs.

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On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more

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