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On April 12, 2024, U.S. District Court Judge Randolph D. Moss denied the State of Florida’s (State) Motion for a Limited Stay of the February 15, 2024, order invalidating the State’s partial assumption of the Section 404...more
The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more
For the first time in nearly 35 years, the U.S. Environmental Protection Agency (EPA or the Agency) has proposed to comprehensively revise regulations governing how Tribes and States assume responsibility over administration...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
On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more
The U.S. Army Corps of Engineers (Corps) recently published notice that it is initiating a formal review of Nationwide Permit (NWP) 12 a little over a year after its latest iteration took effect. NWP 12, which serves as a...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
On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more
The United States Environmental Protection Agency (“EPA”) reversed a prior decision and restored a Clean Water Act Section 404 veto of the Yazoo Backwater Area Pumps Project (“Project”). Earth Justice had previously filed...more
Landowners and permit applicants received an email notification this week that the Army Corps of Engineers (Army Corps) would not be processing their requests for coverage under a variety of Clean Water Act (CWA) Section 404...more
In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more
Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more
Earthjustice and a number of other environmental organizations filed a January 14th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the United States Environmental Protection Agency’s (“EPA”)...more
As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more
On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more
The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more
On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more
In yet another setback for the Army Corps of Engineers’ Nationwide Permit program, a June 11, 2020 federal court ruling vacated NWP 48 for commercial shellfish aquaculture in Washington State. Center for Food Safety v. U.S....more
On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more
The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a September 6th Public Notice referencing an after-the-fact Clean Water Act Section 404 permit application by LJL Investments, LLC (“LJL”). ...more
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more
With minimal fanfare, the U.S. Department of the Army is doing its part to reduce the amount of time needed for infrastructure proposals, such as natural gas pipelines, to obtain federal regulatory approvals. ...more
As noted in a February 5th post, the Vicksburg District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced the scheduling of what it describes as an “outreach event” for consultants and applicants. ...more