The Association of State Drinking Water Administrators (“ASDWA”) submitted December 19, 2025, comments to the United States Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) on the proposed...more
This comes over two years after the Agencies published the Revised Definition of “Waters of the United States” and just months after the U.S. Supreme Court’s decision in Sackett v. EPA (“Sackett“) prompted emergency surgery...more
The Environmental Vanguard is a quarterly newsletter from McGuireWoods, bringing key insights from leading environmental attorneys and consultants at the forefront of regulatory, litigation and policy developments. This issue...more
The Associated General Contractors of America (“AGC”) submitted January 5th comments to the United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “Corps”) on the proposed...more
The National Wildlife Federation, Arkansas Wildlife Federation, and 24 other environmental organizations (collectively, “NWF”) submitted January 5th comments to the United States Environmental Protection Agency and United...more
A group of 20 Republican AGs, led by West Virginia AG J.B. McCuskey, submitted a comment letter to the U.S. Environmental Protection Agency and Army Corps of Engineers supporting the agencies’ updated definition of “waters of...more
The Arkansas Farm Bureau (“ARFB”) submitted January 5th comments to the United States Environmental Protection Agency and United States Corps of Engineers (collectively, “Corps”) on the proposed rule to revise the definition...more
Restore the Mississippi River Delta coalition (“Delta Coalition”) submitted December 29, 2025 comments to the United States Environmental Protection Agency (“EPA”) and Untied States Corps of Engineers (“Corps”) on the...more
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act...more
Our Environment, Land Use & Natural Resources Group dives into a proposed rule to further clarify federal jurisdiction over waters of the United States (WOTUS) following the Supreme Court’s Sackett ruling....more
The Clean Water Act prohibits the discharge of pollutants from a point source to navigable waters without a permit. (33 USC 1311). This makes interpreting “navigable waters” key because this term defines the jurisdictional...more
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) unveiled yet another “new” definition of “waters of the United States” (WOTUS) — the term that determines which...more
The recently proposed rule aims to align the definition of WOTUS with the US Supreme Court’s seminal decision in Sackett v. EPA in a manner that limits waters subject to federal regulation....more
On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers released a proposed rule that would revise the definition of “Waters of the United States” (WOTUS), thereby implicating the...more
On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) (collectively, the “Agencies”) released a sweeping proposed rule (Proposed Rule) to revise the federal definition of...more
On November 20, 2025, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps, together the “Agencies”) published a Notice of Proposed Rulemaking (Proposed Rule) in the Federal Register to revise...more
On November 20, 2025, the US EPA and the Army Corps of Engineers published the long-awaited proposed rule revising the regulatory definition of “waters of the United States” (WOTUS), the key term in the Clean Water Act that...more
On November 20, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers released a long-anticipated proposal to revise the definition of “waters of the United States” (WOTUS). The proposed rule seeks...more
The Environmental Protection Agency (EPA) and the Army Corps of Engineers have proposed revisions to the definition of the “waters of the United States” (WOTUS) in 90 Fed. Reg. 52498 (Nov. 20, 2025) to align with the U.S....more
On November 20, US EPA and the Army Corps of Engineers published a proposed rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s previous Sackett decision. Ever since...more
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) on Nov. 17 announced a proposed rule adopting a revised definition of “waters of the United States” (WOTUS) under the Clean Water Act...more
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published their proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act...more
On November 20, 2025, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (the “Agencies”) published a proposed rule to revise the Biden-era rule defining “waters of the United States” (WOTUS). The...more
For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). ...more
Over the past decade, the definition of “waters of the United States” (WOTUS) has shifted repeatedly, creating uncertainty for permitting and project planning. Building on the Supreme Court’s Sackett v. EPA decision, the EPA...more