News & Analysis as of

Permits Wetlands

Offit Kurman

NYDEC Expands its Jurisdiction over Wetlands

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Expansive changes to New York’s Freshwater Wetlands Permitting Program took effect on January 1, 2025, increasing regulated freshwater wetlands. The changes came after the New York State Department of Environmental...more

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

Expedited Wetland Permitting/U.S. Army Corp of Engineers: 690 Permits Reclassified as Energy Emergencies (Including 3 Arkansas...

Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more

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

Wetlands/Clean Water Act Enforcement: U.S. Environmental Protection Agency and SpaceX Enter into Consent Agreement and Final Order

The United States Environmental Protection Agency (“EPA”) and Space Exploration Technologies Corp. (“SpaceX”) entered into a January 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

Cole Schotz

Blogs | Environmental Coming This Summer! NJDEP’s New Climate Regulations Will Affect More Than The Jersey Shore

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The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more

Harris Beach Murtha PLLC

Understanding the 2025 Changes to New York’s Freshwater Wetlands Regulations

As previously described in a Jan. 12, 2024 legal alert and a July 12, 2024 legal alert, the New York State Department of Environmental Conservation (DEC) promulgated amendments to freshwater wetlands regulations, changing 6...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Adams & Reese

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

Adams & Reese on

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Foley Hoag LLP - Environmental Law

The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do

The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that’s no excuse for inaction and I found the...more

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

Northeast Minnesota Mine Project/Clean Water Act: U.S. Corps of Engineers Revokes Section 404 Permit

The United States Army Corps of Engineers (St. Paul District) (“Corps”) issued a June 6th decision that revokes a previously suspended Section 404 Clean Water Act Permit for the NewRange Copper Nickel Company (“NewRange”). ...more

Williams Mullen

[Webinar] Renewable Energy Series: Environmental Considerations When Siting and Permitting Renewable Energy Projects - May 3rd,...

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Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more

Goldberg Segalla

The Clean Water Act’s Not So Clean Application in Close Cases

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Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more

(ACOEL) | American College of Environmental...

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more

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

Hot Springs/Little Rock Recreational Trail Project/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public...

The United States Army Corps of Engineers (Little Rock District)(“Corps”) issued an August 24th Public Notice referencing Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act permit...more

Woods Rogers

U.S. Army Corps Reissues Virginia Statewide Permits, but Excludes Mining Activities

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The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”)...more

Williams Mullen

Wetland Permitting in Virginia Made Murky by New Federal Rules and Corps District Staffing Shortages

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A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more

Woods Rogers

Legal Alert – U.S. Army Corps Pauses Permit Decisions

Woods Rogers on

Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more

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

Hospital/404 Wetland Permit: U.S. District Court Addresses Challenge to U.S. Army Corps of Engineers Alternative Analysis/Public...

A United States District Court (N.D. Ohio) (“Court”) addressed in a September 9th Order an issue involving the Section 404 Clean Water Act wetland permitting program. See Friends Mahoning River v. U.S. Army Corps of...more

Williams Mullen

Environmental Notes - July 2021

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Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

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

Greentree Reservoir/Lonoke County, Arkansas: U.S. Army Corps of Engineers Public Notices 404 Permit Application

The United States Army Corps of Engineers (Vicksburg District)(“Corps”) public noticed on April 27th a Clean Water Act Section 404 permit application for a proposed Greentree Reservoir (“Reservoir”). See Application No....more

Nossaman LLP

Podcast: What’s in a Wetland - An Overview of Federal and State Developments in Defining Jurisdictional Wetlands

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In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

Williams Mullen

[Webinar] Virginia Solar & Energy Storage 2021 Legislative Update - March 31st, 11:00 am - 11:30 am EST

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Building on the progress from the 2020 legislative session and the passage of the Virginia Clean Economy Act (VCEA), the Virginia General Assembly passed several important pieces of legislation affecting the solar and energy...more

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