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As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more
After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more
On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define “waters of the United States” (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by...more
The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more
Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more
On September 15, 2020, the United States Army Corps of Engineers (Corps) issued its “Proposal to Reissue and Modify Nationwide Permits” (Proposed Rule). Under Section 404 of the Clean Water Act and Section 10 of the Rivers...more
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
The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more
Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more
In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing...more
On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) announced new rule language to replace the Obama Administration’s 2015 Clean Water Rule...more
In order to solicit input on a proposed regulatory change, the Environmental Protection Agency (“EPA”) has issued a supplemental notice seeking comment for the revised “waters of the United States” rule (also known as the...more
There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S....more
Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more
The U.S. Army Corps of Engineers and the Environmental Protection Agency will hold nine teleconferences to solicit public comments and recommendations on revising the definition of "Waters of the United States" under the...more
In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more
Recently, the U.S. Environmental Protection Agency and Army Corps of Engineers published a proposed rule that re-codifies a decades-old definition of “waters of the United States,” which are waterbodies that are subject to...more
On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more
On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more
Earlier this week, the Trump administration added another Obama-era regulation to its list of policy rollbacks. On Tuesday, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a...more
Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more
The U.S. Army Corps of Engineers (“Corps”) has proposed new and revised Nationwide Permits (“NWPs”) for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and...more
Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more