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?
The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the...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
On Monday, March 24, 2025, the U.S. Environmental Protection Agency (the “EPA”) and the U.S. Army Corps of Engineers (the “Corps”) issued a Federal Register Notice soliciting stakeholder feedback concerning the implementation...more
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back...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
The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps of Engineers' "dredge and fill" permitting responsibilities under Section 404 of the...more
After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more
The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL...more
A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more
Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more
The 74th General Assembly of the State of Colorado has enacted House Bill 24-1379 which is described as: …concerning the regulation of state waters in response to recent federal court action and, in connection therewith,...more
In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more
Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more
The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more
The environmental organization Earthjustice has developed charts that provide the organization’s views on the impact of the United States Supreme Court decision Sackett v. EPA on the scope of the Clean Water Act term waters...more
Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more
The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more
We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more
The U.S. Army Corps of Engineers (the Corps) recently proposed eliminating its longstanding process and requirements for compliance with Section 106 of the National Historic Preservation Act (NHPA). The proposed rule would...more
The Office of Assistant Secretary Civil Works of the U.S. Army Corps of Engineers (“Corps”) issued a March 22nd Memorandum titled: Civil Works Actions to Sustain and Advance the Nation’s Waters and Wetlands After the...more
The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more
EPA picked another Clean Water Act fight with the United States Supreme Court last week and I don't understand why EPA thinks it is a fight it can win. As many of you know, the jurisdictional reach of the Clean Water Act is...more
Last August, when EPA and the Army Corps of Engineers published their tenth attempt to determine the jurisdictional reach of the Clean Water Act, the Agencies said that regulation involved no exercise of discretion because it...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
In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more