News & Analysis as of

State and Local Government US Army Corps of Engineers

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

404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

Snell & Wilmer

Guide to the LA Fire Debris Removal Process

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The debris removal process for the LA fires is currently underway. The process is split into two phases, each managed by a different government agency. Phase One is managed by the United States Environmental Protection Agency...more

Latham & Watkins LLP

Southern California Fire Cleanup Considerations for Landowners

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Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the U.S. Army Corps of Engineers (“Corps”) entered into a January 23rd Consent Administrative Order (“CAO”) addressing alleged...more

Baker Botts L.L.P.

Army Corps Seeks to Fast-Track 600 Energy and Infrastructure Projects

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The Army Corps of Engineers has identified over 600 energy and other infrastructure projects that could be fast-tracked under President Donald Trump’s National Energy Emergency declaration, according to a Reuters review of...more

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

Army Corps of Engineers/Geographic Distribution of Construction Funding for Water Resources Projects: February 20th U.S....

The United States Government Accountability Office (“GAO”) published a February 20th report titled: Army Corps of Engineers: Geographic Distribution of Construction Funding for Water Resources Projects (“Report”)....more

Clark Hill PLC

Citing Sackett v. U.S., New Mexico Developing NPDES Permit Program Covering Both Federal and State Waters

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In Sackett v. Environmental Protection Agency, the U.S. Supreme Court held that Clean Water Act-regulated “waters of the United States” (“WOTUS”) are limited to relatively permanent bodies of water connected to traditional...more

Allen Matkins

California Environmental Law & Policy Update 6.21.24

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In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...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

Allen Matkins

California Environmental Law & Policy Update 7.21.23

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The California State Water Resources Control Board (SWRCB) is accepting public comment through July 28 on new recommendations to expedite permits for seawater desalination plants in the state....more

Allen Matkins

California Environmental Law & Policy Update - 3.31.23

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Relying on the Congressional Review Act, which allows Congress to block recently adopted executive branch regulations, Congress on Wednesday approved a resolution to overturn the Biden administration’s planned protections for...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? What's Up Dock?

Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

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On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more

Woods Rogers

U.S. Army Corps Reissues Virginia Statewide Permits, but Excludes Mining Activities

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The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”)...more

Bricker Graydon LLP

Ohio EPA issues water quality certification for NWPs

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On October 13, 2021, Ohio EPA issued its water quality certification pursuant to Section 401 of the Clean Water Act for the 41 nationwide permits (NWPs) that are currently set to expire on March 18, 2022.  NWPs offer a...more

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

Clean Water Act/Section 404 Program: Environmental Organizations Judicial Challenge to U.S. Environmental Protection Agency...

Earthjustice and a number of other environmental organizations filed a January 14th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the United States Environmental Protection Agency’s (“EPA”)...more

Allen Matkins

Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency’s EIR?

Allen Matkins on

In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that CEQA does not constrain an agency’s authority to...more

Perkins Coie

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

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The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update - September 2020

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

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

Water Supply Rule: U.S. Army Corps of Engineers Announces Withdrawal

The Assistant Secretary of the Army for Civil Works directed on January 21st the United States Army Corps of Engineers (“Corps”) to withdraw a proposed rule titled: Use of U.S. Army Corps of Engineers Reservoir Projects...more

Kilpatrick

Texas General Land Office and U.S. Army Corps of Engineers Announce Texas Coast Hurricane Protection Plan

Kilpatrick on

Estimated to come with a price tag of approximately $23 to $31 billion, the U.S. Army Corps of Engineers, along with the Texas General Land Office, have announced a plan to protect the Texas coast from hurricanes....more

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

America's Water Infrastructure Act of 2018: United States Senate Passes S.3021

The United States Senate on October 19th passed the America’s Water Infrastructure Act of 2018 (“S.3021”). The comprehensive water infrastructure legislation now moves to President Trump for execution....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2018

Appalachian Region Looks to Asia to Revive Economic Hopes - "A Thai chemical company and, more recently, its new South Korean partner, are taking halting steps toward building a multibillion-dollar petrochemical plant in...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...more

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