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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
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
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 25th Consent Administrative Order (“CAO”)...more
The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more
Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more
The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more
Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more
November was an eventful month for the Clean Water Act (CWA). The Ninth Circuit Court of Appeals issued two decisions last month—which will apply to cases and matters in California and other states within the Ninth...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more
On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...more
A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting, allowing the rule to be as...more
The National Association of Clean Water Agencies (“NACWA”) and Waterkeeper Alliance (“Waterkeeper”) each filed Amicus Briefs in the Supreme Court of the United States appeal styled: Michael Sackett, et ux. v. U.S....more
In 2022, the on-going debate will continue over the hotly contested definition of “waters of the United States” (WOTUS), a phrase that determines the scope of federal jurisdiction over streams, wetlands and other waterbodies...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more
One hundred and seventeen Democratic members of the United States House of Representatives sent a February 7th letter to the Administrator of the United States Environmental Protection Agency (“EPA”) and Assistant Secretary...more
The 50 Republican United States Senators sent a February 3rd letter to the Administrator of the United States Environmental Protection Agency (“EPA”) and Assistant Secretary of the Army for Civil Works (“Corps of Engineers”)...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a Consent Administrative Order (“CAO”) addressing alleged...more
On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States”...more
Last week, EPA and the Army Corps proposed a new rule to define what constitutes “waters of the United States.” Déjà vu all over again. Under the proposal, the agencies: are exercising their discretionary authority to...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 15th Consent Administrative Order (“CAO”)...more
The Association of Clean Water Administrators (“ACWA”) submitted on September 9th what it describes as “pre-proposal” comments regarding the Clean Water Act definition of waters of the United States (“WOTUS”). The...more
Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that question, at least for the...more
The Arkansas Department of Energy and Environment - Division of Environmental (“DEQ”) has set up an agency task force to potentially seek delegation of the Section 404 Clean Water Act permitting program. The ability of...more