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Navigable Waters Protection Rule Rapanos v US

Holland & Knight LLP

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

Holland & Knight LLP on

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

Manatt, Phelps & Phillips, LLP

The Supreme Court Provides Clarity and Contraction on Regulation of Waters of the United States

For the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest and most narrow regulatory...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

Maron Marvel

Will “Waters of the United States” Drown Private Property in More Regulation in 2022?

Maron Marvel on

Will private landowners’ property fall under more regulation as part of the definition of “waters of the United States?” Will land near, but that does not front, a large body of water be subject to the wetlands regulations of...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

Steptoe & Johnson PLLC

USEPA and the Corps Going Back to the Future on WOTUS

Steptoe & Johnson PLLC on

What was old is now new again as the United States Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (Corps) announced on September 3, 2021 a reversion to a pre-2015 definition of Waters of...more

Williams Mullen

EPA Tries to Sink Environmental Groups Challenge to its Navigable Waters Rule

Williams Mullen on

In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more

Foley & Lardner LLP

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

Foley & Lardner LLP on

On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

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