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Substantial Nexus Administrative Procedure Act

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

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On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

Williams Mullen

EPA Tries to Sink Environmental Groups Challenge to its Navigable Waters Rule

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In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more

Williams Mullen

The Endless Dance: Defining “Waters of the United States”

Williams Mullen on

The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more

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