News & Analysis as of

Rulemaking Process Clean Water Act Supreme Court of the United States

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Memorandum Addressing...

The United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “EPA”) issued guidance on March 12th entitled: Memorandum To The Field Between The U.S. Department Of The Army,...more

Snell & Wilmer

Federal Agencies to Revise Waters of the United States Rule

Snell & Wilmer on

The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on

This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

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The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Bracewell LLP

Biden Administration Finalizes Redefinition of "Waters of the United States"

Bracewell LLP on

On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more

Mintz

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

Mintz

When it comes to the reach of the Federal Clean Water Act, is rule making a way to find common ground and, if so, why hasn't it...

Mintz on

Yesterday EPA Assistant Administrator for Water Radhika Fox told an EPA Advisory Committee EPA remains committed to using Federal rule making to find "common ground" respecting the reach of the Federal Clean Water Act. ...more

Lippes Mathias LLP

EPA And U.S. Army Corps of Engineers Begin Engagement on Formal Rulemaking to Redefine “Waters of the United States”

Lippes Mathias LLP on

On July 30, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively, the Agencies) announced the beginning of their formal regulatory rulemaking to roll back the Trump...more

Stinson LLP

Waking the "Zombies" - Possible Changes to EPA's Longstanding Article I Administration Discretion in Rulemaking

Stinson LLP on

The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

BCLP on

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Best Best & Krieger LLP

Sixth Circuit Issues Nationwide Stay of EPA Waters of the United States Regulation

Best Best & Krieger LLP on

The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August - In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...more

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