Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
Closing out our Earth Week series this year, we provide an update on recent Clean Water Act regulatory developments and discuss their impact on renewable energy development....more
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
The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more
On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more
Just two months into President Trump’s second term, project applicants are navigating a series of changes to U.S. Army Corps of Engineers’ (Corps) Clean Water Act (CWA) Section 404 permitting. Upon his inauguration, President...more
On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more
Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...more
One hundred eighteen Democratic members of the United States House of Representatives (“House”) introduced legislation titled: Clean Water Act of 2023(H.R. 5983) The stated purpose of H.R. 5983 is to address the...more
Following years of administrative rulemaking and litigation, on September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of waters of the United...more
The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more
On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more
The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”). This is a...more
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more
JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more
The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more
On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more
Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more
In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more
On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean...more
On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more
After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more
Following years of administrative rulemaking and litigation, the U.S. Supreme Court published a much-anticipated decision interpreting what is a water of the United States (WOTUS) under the Clean Water Act (CWA). On May 25,...more
The U.S. Supreme Court has issued its opinion in the landmark Clean Water Act (“CWA”) case of Sackett v. EPA, No. 21-454 (May 25, 2023). This decision delivers a significant change in terms of the reach and jurisdiction of...more
On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA,effectively narrowing the scope of federally protected wetlands to which the Clean Water Act (CWA) applies. The CWA provides the U.S. Army Corp of...more