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Waters of the United States

Beveridge & Diamond PC

The Pendulum Swings Back: Proposed Clean Water Act Section 401 Rule Resurrects Key Elements of 2020 Rule

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Key Takeaways - On January 15, the U.S. Environmental Protection Agency (EPA) announced a Proposed Rule to revise its Clean Water Act (CWA) Section 401 water quality certification regulations....more

Robinson+Cole Manufacturing Law Blog

Environmental Developments Manufacturers Should Monitor in 2026

Welcome to the last of our three posts with our look ahead to 2026—the environmental edition. If you follow this blog, you have probably sensed a trend: environmental regulation rarely moves in a straight line. This coming...more

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

Waters of the United States/Clean Water Act: Arkansas Rice Federation Comments on the U.S. EPA Proposed Rule

The Arkansas Rice Federation (“ARF”) submitted January 15th comments to the United States Environmental Protection Agency and United States Army Corps of Engineers the collectively, “Corps”) on the proposed rule to revise the...more

Pierce Atwood LLP

Army Corps Phasing Out Regional General Permits in New England

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The U.S. Army Corps of Engineers’ New England District is phasing out regional general permits (RGPs) and replacing them with standardized nationwide permits (NWPs). RGPs are issued on a state-by-state basis by a...more

Vinson & Elkins LLP

EPA Moves to Clarify States’ Role in Water Quality Certifications

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On January 15, 2026, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to revise its regulations governing the water quality certifications that states may issue under Section 401 of the Clean Water...more

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

Waters of the United States/Clean Water Act: Arkansas Wildlife Federation/National Wildlife Federation Comments on the U.S. EPA...

The National Wildlife Federation, Arkansas Wildlife Federation, and 24 other environmental organizations (collectively, “NWF”) submitted January 5th comments to the United States Environmental Protection Agency and United...more

Troutman Pepper Locke

EPA’s Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in Timelines

Troutman Pepper Locke on

On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the...more

Cozen O'Connor

The State AG Report – 01.15.2026

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • GOP AGs Support Letting States Chart the Course on...more

Schwabe, Williamson & Wyatt PC

Army Corps Finalizes 2026 Nationwide Permits: Key Updates

The U.S. Army Corps of Engineers (the Corps) has reissued and modified the Corps’ Nationwide Permits (NWPs), which authorize certain categories of work in Waters of the United States under Section 404 of the Clean Water Act...more

Cozen O'Connor

GOP AGs Support Letting States Chart the Course on Waterways

Cozen O'Connor on

A group of 20 Republican AGs, led by West Virginia AG J.B. McCuskey, submitted a comment letter to the U.S. Environmental Protection Agency and Army Corps of Engineers supporting the agencies’ updated definition of “waters of...more

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

Section 401/Clean Water Act: U.S. EPA Issues Proposed Rule Addressing Certification

The United States Environmental Protection Agency (“EPA”) announced on January 13th a proposed rule addressing the certification process under Section 401 of the Clean Water Act....more

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

Waters of the United States/Clean Water Act: Arkansas Farm Bureau Comments on the U.S. EPA Proposed Rule

The Arkansas Farm Bureau (“ARFB”) submitted January 5th comments to the United States Environmental Protection Agency and United States Corps of Engineers (collectively, “Corps”) on the proposed rule to revise the definition...more

Troutman Pepper Locke

US Army Corps of Engineers Finalizes 2026 Nationwide Permit Package

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On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the...more

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

Waters of the United States/Clean Water Act: Restore the Mississippi River Delta's Comments on the U.S. EPA Proposed Rule

Restore the Mississippi River Delta coalition (“Delta Coalition”) submitted December 29, 2025 comments to the United States Environmental Protection Agency (“EPA”) and Untied States Corps of Engineers (“Corps”) on the...more

Williams Mullen

Agencies Propose Latest Revision of Clean Water Act “Waters of the United States” Definition

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EPA and the U.S. Army Corps of Engineers (USACE) recently proposed revisions to regulations defining the scope of waters covered under the Clean Water Act (CWA). ...more

Womble Bond Dickinson

EPA and Army Corps Propose Narrower Definition of “Waters of the United States”

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On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act...more

Alston & Bird

The Public Weighs in on EPA, Army Corps of Engineers Proposal for Revised WOTUS Definition

Alston & Bird on

Our Environment, Land Use & Natural Resources Group dives into a proposed rule to further clarify federal jurisdiction over waters of the United States (WOTUS) following the Supreme Court’s Sackett ruling....more

Nossaman LLP

Agencies Host Public Listening Sessions on WOTUS Definition

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As part of their proposed rule (Proposed Rule) to revise the regulatory definition of “waters of the United States” (WOTUS), the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively,...more

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

Water Quality Criteria/Ammonia: Missouri Department of Natural Resources Schedules Open Houses to Discuss Variance

The Missouri Department of Natural Resources (“MDNR”) has scheduled a number of open houses to: … to assist communities with domestic wastewater treatment lagoons pre-file for discharger-specific variances from proposed...more

Clark Hill PLC

Whither WOTUS? What the Regulated Community Should Know about the Draft Revisions to the WOTUS Rule

Clark Hill PLC on

The Clean Water Act prohibits the discharge of pollutants from a point source to navigable waters without a permit. (33 USC 1311). This makes interpreting “navigable waters” key because this term defines the jurisdictional...more

Vorys, Sater, Seymour and Pease LLP

WOTUS Whiplash Revisited (Again): Federal Government Redefines “Waters of the United States” for the Fifth Time in Ten Years.

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) unveiled yet another “new” definition of “waters of the United States” (WOTUS) — the term that determines which...more

Morgan Lewis

Proposed ‘Waters of the United States’ Rule Seeks to Clarify and Limit Clean Water Act Jurisdiction

Morgan Lewis on

The recently proposed rule aims to align the definition of WOTUS with the US Supreme Court’s seminal decision in Sackett v. EPA in a manner that limits waters subject to federal regulation....more

Allen Matkins

Sustainable Development and Land Use Update 12.4.25

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California continues its legislative push to address the state’s housing crisis, particularly focusing on “middle-housing” projects that bridge the gap between single-family homes and large apartment buildings (e.g.,...more

Kilpatrick

Proposed New WOTUS Definitions and Impacts on Tribes

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On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers released a proposed rule that would revise the definition of “Waters of the United States” (WOTUS), thereby implicating the...more

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

2023 Triennial Review/ Arkansas Water Quality Standards U.S. Environmental Protection Agency Letter Addressing Revisions to 8 CAR...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ ADEQ”) announced that the Region 6 Office of United States Environmental Protection Agency (“EPA”) has completed its review of the 2023...more

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