News & Analysis as of

Final Rules Permits Clean Water Act

Holland & Hart LLP

Key Takeaways from the EPA and the Corps' New WOTUS Guidance Memo

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On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act NPDES and Construction Permits

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2026 MSGP - EPA released its proposed 2026 MSGP, which authorizes stormwater discharges associated with industrial activities in jurisdictions where EPA is the NPDES permitting authority, including Massachusetts, New...more

Perkins Coie

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications

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The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs....more

Perkins Coie

EPA Final Rule Narrows State and Tribal Review Under the Clean Water Act

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The U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the...more

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

On June 1st the United States Environmental Protection Agency (“EPA”) announced issuance of a final rule that it denominates the: Clean Water Act Section 401 Certification Rule (“Rule”) EPA characterizes the Rule as...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Holland & Knight LLP

EPA Publishes Final Rule for Small MS4 General Discharge Permits

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The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

Williams Mullen

Clean Water Rule Opens Litigation Floodgates

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With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the wake...more

Beveridge & Diamond PC

WOTUS: No Closure Yet

In psychology, the term “closure” refers to humans’ desire for a firm answer to a question and general aversion to ambiguity. Nine years since Rapanos, after multiple attempts by the EPA and the Army Corps (“the agencies”)...more

Beveridge & Diamond PC

EPA, Army Corps Redefine Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers (“the agencies”) have issued the long-awaited final rule to define the scope of waters and wetlands subject to federal jurisdiction under the Clean Water Act...more

Farella Braun + Martel LLP

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water...more

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