News & Analysis as of

Trump Administration Final Rules Clean Water Act

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

100 Days/U.S. EPA cites 100 Environmental Accomplishments: Approval of Arkansas Water Quality Standards is Listed as Number Four

The United States Environmental Protection Agency (“EPA”) issued a news release titled: 100 Days, 100 Environmental Accomplishments. The news release stated that the Trump Administration has: …wasted no time...more

Eversheds Sutherland (US) LLP

Key environmental issues facing the Trump administration

The Biden administration introduced wide-ranging environmental regulations with profound and far-reaching effects on the environment and the economy. In its first two weeks, the Trump administration has signaled an attempt...more

Venable LLP

How the Congressional Review Act May Shape Environmental Rulemaking and Guidance

Venable LLP on

Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more

Sullivan & Worcester

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

Sullivan & Worcester on

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

Holland & Knight LLP on

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

Brownstein Hyatt Farber Schreck

EPA to Modify the Navigable Waters Protection Rule

Proposed regulatory changes will increase the extent of lands throughout the country that will be designated, and regulated, as wetlands. On June 9, 2021, the Department of the Army and the Environmental Protection Agency...more

Bergeson & Campbell, P.C.

Final Rule Intended to Promote Transparency in Developing EPA Regulatory Guidance Documents Will Take Effect in November

On October 19, 2020, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive...more

Bergeson & Campbell, P.C.

EPA Releases Final Rule Intended to Promote Transparency in Developing Regulatory Guidance Documents

On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents...more

Perkins Coie

EPA Final Rule Narrows State and Tribal Review Under the Clean Water Act

Perkins Coie on

The U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the...more

Schwabe, Williamson & Wyatt PC

Another “New” Era: WOTUS Rule 2020

Following years of discussion, administrative rulemaking, and multi-state litigation, the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“ACOE”) have published a new regulatory definition of waters of...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Publishes Final Rule in the...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) published on April 21st the final new rule addressing the Clean Water Act definition of Waters of the United States...more

WilmerHale

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

WilmerHale on

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Sheppard Mullin Richter & Hampton LLP

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more

Hogan Lovells

The Clean Water Act "WOTUS" Rule: A long and winding river

Hogan Lovells on

The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more

Perkins Coie

New Regulations Redefine the Scope of the Clean Water Act

Perkins Coie on

The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more

Burr & Forman

EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters

Burr & Forman on

On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as the latest attempt to define the phrase “waters of the...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

Stoel Rives LLP on

On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Bilzin Sumberg

Changes to the Clean Water Act's "Waters of the United States" Rule

Bilzin Sumberg on

 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction

EPA and Army Corps of Engineers Give New Waters of the U.S. Definition - The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of “Waters of the United States” that...more

Best Best & Krieger LLP

Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23

Best Best & Krieger LLP on

WOTUS Definition Court Challenges Continue - The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more

Sheppard Mullin Richter & Hampton LLP

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more

King & Spalding

EPA Repeals WOTUS Rule

King & Spalding on

On Tuesday, October 22, 2019, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule repealing the Obama Administration’s 2015 “WOTUS” rule, which set new and more expansive...more

Ward and Smith, P.A.

The Longest Dance – The WOTUS Two-Step

Ward and Smith, P.A. on

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more

Seyfarth Shaw LLP

Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Finalizes New Rule

On September 12th the United States Environmental Protection Agency and United States Corps of Engineers (collectively, “EPA”) announced the finalization of a new rule addressing the Clean Water Act definition of Waters of...more

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