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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
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
The United States Corps of Engineers (“Corps”) published in the February 15th Federal Register a proposed rule that establishes what it describes as Agency Specific Procedures (“ASPs”) for its implementation of the...more
The United States Army Corps of Engineers (“Corps”) published a proposed rule in the February 9th Federal Register addressing compliance with the National Historic Preservation Act (“NHPA”). See 89 Fed. Reg. 9079. The...more
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act...more
...This article is about money. You see, the Federal government has a lot of money. Even in an era of budget cutting, it still has a lot of money, and it chooses to spend that money on a whole bunch of different things. And...more
A new federal proposal may reduce the burden and costs for wind energy projects and power lines to ensure compliance with federal wildlife protections. Energy projects often require a wide array of federal, state, and local...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 Solar Energy Industries Association (“SEIA”) submitted February 7th comments to the United States Environmental Protection Agency (“EPA”) and United States Army Corps of Engineers (“Corps”) addressing the December 7,...more
Twenty-two agricultural organizations submitted February 7th comments to the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) addressing the federal agencies’ joint proposed rule to...more
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...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
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
On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more
On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water...more
An Arizona District Court's recent ruling has effectively eliminated the Trump-era Navigable Waters Protection Rule (NWPR) on a nationwide scale and could dramatically alter the Federal 404 wetland dredge-and-fill permit...more
The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced on September 3rd that they have halted implementation of the Navigable Waters Protection Rule (“NWPR”) and...more
The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more
Friday EPA and the Army Corps of Engineers announced that between now and Labor Day they will be listening to stakeholders as they kick off what will be the eighth attempt to resolve by regulation the reach of the Federal...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
The Assistant Secretary of the Army for Civil Works directed on January 21st the United States Army Corps of Engineers (“Corps”) to withdraw a proposed rule titled: Use of U.S. Army Corps of Engineers Reservoir Projects...more
At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’s...more
A decision by the U.S. District Court for the Southern District of Georgia issued on August 21, 2019, highlights the continuing confusion over the definition of “waters of the United States” under the Clean Water Act. The...more