News & Analysis as of

Vacatur Clean Water Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Water Quality Certification/Clean Water Act: U.S. Environmental Protection Agency Issues Questions and Answers...

The United States Environmental Protection Agency (“EPA”) issued on December 17th a document titled: Clean Water Act Section 401 Water Quality Certification Questions and Answers on the 2020 Rule Vacatur (“Q&A”)...more

Adams and Reese LLP

EPA’s Adoption of Arizona Court’s Ruling on NWPR May Immediately Impact Wetland Permitting Requirements

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers to Follow Pre-2015 Regulatory...

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

Bracewell LLP

Navigable Waters Protection Rule Vacated—EPA & Corps to Treat Vacatur as Nationwide

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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

Lewis Roca

Arizona Federal Court Vacates The Navigable Waters Protection Rule, EPA and the Army Corps to Redefine “Waters of the United...

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On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government...more

Bricker Graydon LLP

U.S. EPA and Army Corps to repeal and replace Navigable Waters Protection Rule

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On June 9, 2021, the Biden administration announced its intent to repeal and replace the Trump administration’s 2020 Navigable Waters Protection Rule, which defines which waterbodies constitute “waters of the United States”...more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

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Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

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