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Proposed Rules Navigable Waters Wetlands

Best Best & Krieger LLP

EPA Seeks Public Input on WOTUS Implementation Post-Sackett Ruling

On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more

(ACOEL) | American College of Environmental...

WOTUS: What to Watch For in 2022

In 2022, the on-going debate will continue over the hotly contested definition of “waters of the United States” (WOTUS), a phrase that determines the scope of federal jurisdiction over streams, wetlands and other waterbodies...more

Pillsbury - Gravel2Gavel Construction & Real...

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

Stinson LLP on

On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

Nossaman LLP on

On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’s...more

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

Waters of the United States/U.S. EPA Proposed Rule: Arkansas Valley Audubon Society Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

Husch Blackwell LLP

CWA Series: In Redefining The Scope Of The Clean Water Act, Will The New WOTUS Rule Truly Be A Sea Change?

Husch Blackwell LLP on

Previously, we reported the Federal Circuit split (Part 1) regarding indirect discharges to navigable waters through groundwater and the Supreme Court’s grant of certiorari in one of those cases (Part 2), which will hopefully...more

Jones Day

Proposed Waters of the United States Rule Narrows Federal Clean Water Act Jurisdiction

Jones Day on

February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more

King & Spalding

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

King & Spalding on

The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

Robinson & Cole LLP

Plugging Holes in the Clean Water Act: EPA and ACOE Release their Proposed Replacement Rule Defining “WOTUS”

Robinson & Cole LLP on

On December 11, 2018, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced proposed changes to the agencies’ definition of “waters of the United States” (WOTUS). This...more

Best Best & Krieger LLP

Proposed Federal Clean Water Rule Impacts Cities and Residents - Comments Being Sought

Best Best & Krieger LLP on

For the second time in the last 4 years, and the seventh since the Clean Water Act was adopted in 1972, the federal government has revised the definition of the term “Waters of the United States” for the purposes of the...more

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