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Rulemaking Process US Army Corps of Engineers Clean Water Act

Jenner & Block

What’s WOTUS Got to Do with It? Impact of Recent Clean Water Act Regulatory Changes on Renewable Energy Development

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Closing out our Earth Week series this year, we provide an update on recent Clean Water Act regulatory developments and discuss their impact on renewable energy development....more

Snell & Wilmer

Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

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As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

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After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Beveridge & Diamond PC

EPA Seeks Stakeholder Feedback for Implementation of WOTUS

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On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back...more

Holland & Hart LLP

Key Takeaways from the EPA and the Corps' New WOTUS Guidance Memo

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On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more

Holland & Hart LLP

New WOTUS Rule Significantly Narrows Federal Jurisdiction under Clean Water Act

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On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...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

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...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"

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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

Nossaman LLP

EPA Announces Regional WOTUS Roundtables

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On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

Stinson LLP

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

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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

Burr & Forman

The Continuing WOTUS Saga

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On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

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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

Snell & Wilmer

So, What Exactly Is A Water Of The U.S.?

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The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more

Williams Mullen

WOTUS, WOTUS, WOTUS...

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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

(ACOEL) | American College of Environmental...

How Safe is Your WOTUS Harbor?

In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more

Foley & Lardner LLP

Sea Change: Biden Administration Halts Trump-Era Regulation and Expands Clean Water Act Protections

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The scope of the Clean Water Act is yet again in flux. In January 2020, the Trump Administration meaningfully restricted what bodies of water are protected under the Clean Water Act by narrowing the Act’s definition of...more

Bilzin Sumberg

WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos

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As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more

Nossaman LLP

WOTUS No More: EPA and Corps Revert to Pre-2015 Framework

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On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies’ will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21,...more

Womble Bond Dickinson

Arizona Federal Court Vacates The Navigable Waters Protection Rule, EPA and the Army Corps to Redefine “Waters of the United...

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On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government...more

Mintz

Extra Time For States In Clean Water Act Match Unlikely To End

Mintz on

One of the many things I've never understood about soccer (football in the rest of the world) is that the referee can decide, or not, to add "extra time" at the end of the game to account for what she sees as unusual events. ...more

Bilzin Sumberg

EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States

Bilzin Sumberg on

In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public...more

Lippes Mathias LLP

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

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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

Holland & Knight LLP

Biden Administration Begins Process of Revising Waters of the U.S. Rule

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The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more

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