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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

Bracewell LLP

Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input

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On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...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

Mintz

Baby Steps Toward a New WOTUS Rule

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In What About Bob, a movie worth seeing only if you, like me, think every film including Bill Murray is worth seeing, the fictional guru Dr. Leo Marvin wrote a book called "Baby Steps." The theme of "Baby Steps" is that no...more

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Vinson & Elkins LLP

Proposed Renewal Of Nationwide Permits

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On September 15, 2020, the Army Corps of Engineers (“Corps”) released a notice of proposed rulemaking to modify and reissue its existing Nationwide Permits (“NWPs”) and is accepting public comments through November 16, 2020....more

Williams Mullen

Regulatory Prescriptions for COVID-19: Trump Continues Efforts for Regulatory Reform and Expedited Infrastructure Review

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Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more

Pillsbury Winthrop Shaw Pittman LLP

President’s Executive Order to Expedite Environmental Reviews of Infrastructure Pushes the Envelope on the Interpretation of...

The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects. A recent Executive Order by President Trump directs agencies to expedite...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

Environmental Notes - February 2020

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It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Morgan Lewis

Proposed Waters of the United States Rule Would Limit Clean Water Act’s Reach

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The US Environmental Protection Agency and the Army Corps of Engineers’ joint proposed definition of “waters of the United States” would eliminate the regulation of waters with a “significant nexus” to certain other covered...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

Harris Beach PLLC

What Water Rule? The EPA's Supplemental Water Rule Rollback Notice

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In order to solicit input on a proposed regulatory change, the Environmental Protection Agency (“EPA”) has issued a supplemental notice seeking comment for the revised “waters of the United States” rule (also known as the...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

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It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Downey Brand LLP

A Quick Look at What's Ahead on the Water Infrastructure Front

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I often joke with my clients that following issues too closely at the federal level can result in whiplash. To that regard, it has been a very active summer in Washington, DC on the water infrastructure front. Here’s a rapid...more

Sheppard Mullin Richter & Hampton LLP

District Courts Have Jurisdiction Over Challenges to Clean Water Rule, Supreme Court Says

The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more

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

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

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

Potential Actions to Reduce Regulatory Burdens on Domestic Energy Production: U.S. Army Corps of Engineers Announces Availability...

The United States Army Corps of Engineers (“Corps”) issued a November 28th Federal Register notice announcing the issuance of a report that examines: . . . actions it could take to modify existing regulations that...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

Nossaman LLP

Army Corps of Engineers Floats Changes to Further Streamline Oil and Gas Pipeline Permitting

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The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) to authorize discharge of dredged or fill materials to waters of the U.S. (WOUS) that require Department of the Army permits under Section 404 of the...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

Davis Wright Tremaine LLP

Trump Track: WOTUS Washington Two-Step

The Trump Administration has begun rulemaking to undo the controversial rule defining “waters of the United States” or WOTUS. In the July 27 Federal Register, EPA and the Army Corps of Engineers jointly announced that it is...more

Clark Hill PLC

U.S. Army Corps of Engineers and Environmental Protection Agency Proposal to Rescind "Waters of the United States" Regulatory...

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The U.S. Army Corps of Engineers and Environmental Protection Agency recently announced a process for replacing the Obama administration's 2015 promulgation of a revised regulatory definition of "waters of the United States."...more

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