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Water Environmental Protection Agency (EPA) Wetlands

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Foley Hoag LLP - Environmental Law

Post-Sackett, Who Will Speak for the Clean Water Act?

Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Allen Matkins

California Environmental Law & Policy Update - 5.12.23 - # 2

Allen Matkins on

The Biden administration proposed new regulations this Thursday that, if enacted, would aggressively limit greenhouse gas emissions from power plants. The move stands to force major changes in the energy sector and is likely...more

Troutman Pepper

H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds –...

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John Goodin takes a break from his recent retirement to share invaluable insights with Dave and Anna from his 32-year career in EPA’s Office of Water. John talks about the long-running “waters of the United States”...more

Foley Hoag LLP - Environmental Law

The Trump WOTUS Rule Is Vacated; Now We Know What’s Next

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

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

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

Allen Matkins

California Environmental Law & Policy Update - January 2021

Allen Matkins on

Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Allen Matkins

California Environmental Law & Policy Update - June 2020 #4

Allen Matkins on

Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

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

Sheppard Mullin Richter & Hampton LLP

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more

Schwabe, Williamson & Wyatt PC

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more

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

Access to Water Quality Data: Louisiana Department of Environmental Quality Launches New/Improved Water Data Portal

The Louisiana Department of Environmental Quality (“LDEQ”) issued a news release announcing the development of a new water data portal. LDEQ describes it as a “forward-thinking, user-friendly approach to water data....more

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

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th (REMINDER)

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

Holland & Knight LLP

West Coast Real Estate Update: January 2017 #2

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California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Allen Matkins

California Environmental Law and Policy Update - August 2014 #6

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Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

King & Spalding

President Obama Signs Water Resources Reform & Development Act of 2014

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Legislation expands American iron and steel requirement to additional water programs - Earlier today, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”). Today’s action...more

Best Best & Krieger LLP

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...more

Burr & Forman

EPA And The Army Corps Announce A Proposed Rule To Clarify Wetlands And Tributary Jurisdiction

Burr & Forman on

In a news release dated March 25th 2014, EPA and the Army Corps outlined a new proposed joint rule to clarify the scope and definition of the “waters of the United States” under the Clean Water Act in an attempt to address...more

King & Spalding

EPA and U.S. Army Corps of Engineers Propose to Expand Federal Jurisdiction over Waters and Wetlands

King & Spalding on

Expansive New Definition of “Waters of the United States” - On March 25, 2014, the United States Army Corps of Engineers and the United States Environmental Protection Agency, which share jurisdiction under the Clean...more

Burr & Forman

EPA And Corps Of Engineers Propose To Clarify Clean Water Act Jurisdiction

Burr & Forman on

In mid-September, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly submitted a proposed rule to the White House Office of Management and Budget intended to clarify which waters and wetlands are...more

Perkins Coie

EPA Moves To Expand Federal Clean Water Act Jurisdiction

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The prolonged controversy over the Clean Water Act’s reach may be coming to a dramatic head. On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report finding that all of...more

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