News & Analysis as of

Proposed Rules US Army Corps of Engineers Trump Administration

Brownstein Hyatt Farber Schreck

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more

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

Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: Agricultural Organizations...

Twenty-two agricultural organizations submitted February 7th comments to the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) addressing the federal agencies’ joint proposed rule to...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

Foley & Lardner LLP

Feeling Inundated? EPA Swamps the WOTUS Rule, Proposes New Definition of “Waters of the U.S.”

Foley & Lardner LLP on

Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...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

Holland & Knight LLP

Proposed "Waters of the U.S." Rule Would Reduce Scope of Clean Water Act Jurisdiction - As Written, the Proposed Rule Would Be...

Holland & Knight LLP on

• The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have issued their long-awaited proposed rule to define "Waters of the United States" (WOTUS) pursuant to the Clean Water Act, fulfilling an early...more

Schwabe, Williamson & Wyatt PC

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

Perkins Coie on

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Proposes New Rule

On December 11th the United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced the proposal of a new rule addressing the Clean Water Act definition waters of the United...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

Perkins Coie

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

Perkins Coie on

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....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

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on

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

Snell & Wilmer

EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

Snell & Wilmer on

On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more

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