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Section 404 Permits Clean Water Act

Lowndes

U.S. Army Corps of Engineers to Process Section 404 Permits While Florida’s Appeal is Pending

Lowndes on

On April 12, 2024, U.S. District Court Judge Randolph D. Moss denied the State of Florida’s (State) Motion for a Limited Stay of the February 15, 2024, order invalidating the State’s partial assumption of the Section 404...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Beveridge & Diamond PC

Major Questions Doctrine Reaches the Clean Water Act

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The Fourth Circuit Court of Appeals unanimously affirmed a district court’s dismissal of environmental plaintiffs’ claim that shrimp trawlers require either a Section 404 or National Pollutant Discharge Elimination System...more

(ACOEL) | American College of Environmental...

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

Downey Brand LLP on

The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

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On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

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

404/Clean Water Act: U.S. House Committee on Transportation and Infrastructure Request that Trump Administration Nationwide...

The Chairman of the United States House of Representatives Committee on Transportation and Infrastructure, Peter DeFazio (“Chairman”), sent an October 13th letter to the Biden Administration addressing Section 404 Clean Water...more

Troutman Pepper

District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

Troutman Pepper on

On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric...more

Nossaman LLP

Podcast: What’s in a Wetland - An Overview of Federal and State Developments in Defining Jurisdictional Wetlands

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In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more

Williams Mullen

Are Jurisdictional Determinations Valid only for Five Years?

Williams Mullen on

As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more

Holland & Knight LLP

Florida Dept. of Environmental Protection Takes Over Federal Wetlands Permit Process in State

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

Bilzin Sumberg on

On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more

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

Section 404 Permitting/Today & Tomorrow: Jimmy Rogers (FTN Associates) Arkansas Environmental Federation Webinar Presentation

Mr. Jimmy Rogers undertook a webinar presentation for the Arkansas Environmental Federation titled: Section 404 Permitting – Today & Tomorrow (“Presentation”) - Mr. Rogers is an environmental scientist with FTN...more

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

Does a Discharge to Groundwater Require an NPDES Permit?: Jamie Ewing/Allan Gates/Jordan Wimpy Arkansas Environmental Federation...

Jamie Ewing (Environmental Assessment Director, Little Rock Water Reclamation Authority), Allan Gates and Jordan Wimpy (Mitchell Williams Law Firm) undertook an Arkansas Environmental Federation webinar presentation on May...more

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

Proposed Methanol Manufacturing/Shipping Terminal (Kalama, Washington): Sierra Club Files National Environmental Policy Act...

The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more

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

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Garland County, Arkansas Residential...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a September 6th Public Notice referencing an after-the-fact Clean Water Act Section 404 permit application by LJL Investments, LLC (“LJL”). ...more

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

U.S. Corps of Engineers Permit Application/Approval Process: March 28th Vicksburg District Outreach Event for...

As noted in a February 5th post, the Vicksburg District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced the scheduling of what it describes as an “outreach event” for consultants and applicants. ...more

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

U.S. Corps of Engineers Permit Application/Approval Process: Vicksburg District Announces March 28th Outreach Event for...

The Vicksburg, Mississippi District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced what they describe as an “outreach event” for consultants and applicants. The purpose of the outreach event...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

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Southwest Arkansas Regional Intermodal...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 29th Public Notice referencing a Section 404 Clean Water Application by the Southwest Arkansas Regional Intermodal Authority...more

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Proposed Pulaski County, Arkansas,...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 25th Public Notice stating that an application had been received for a Section 404 Clean Water Act permit (i.e., to discharge dredged...more

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

Sand and Gravel Mining/Processing – Miller/Lafayette Counties (Arkansas): U.S. Corps of Engineers (Vicksburg District) Public...

The United States Corps of Engineers (“Corps”) (Vicksburg District) issued an August 17th public notice referencing an application for a Section 404 permit to undertake sand and gravel mining and processing at sites in...more

Akerman LLP

Will Permitting Under Florida’s Wetlands Program Get Any Easier?

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The development community is watching closely. Will the wetlands permitting process really be better in 2019? In some cases, yes. Well, maybe. In other cases, probably not....more

Seyfarth Shaw LLP

USEPA Administrator Pruitt Issues Memo To Update Agency Use of Clean Water Act Section 404(c) Veto Power

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Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more

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