News & Analysis as of

Waters of the United States Environmental Policies

Holland & Knight LLP

Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

Holland & Knight LLP on

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

Mintz

EPA's Safer Communities by Chemical Accident Prevention Rule will almost certainly be challenged and EPA is the underdog in the...

Mintz on

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

Verrill

Massachusetts’ Resiliency Push Continues with Proposed Waterways Rules

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Last month, the Massachusetts Department of Environmental Protection (MassDEP) extended the comment period for amendments it proposed in December 2023 to the Massachusetts Waterways Regulation, 310 CMR 9.00. Peter Vetere...more

Mintz

Governor Abbott says Texas isn't bound by the oldest Federal environmental law. He's about to learn what he should have learned in...

Mintz on

Law 360 is reporting on yesterday's hearing in the United States' litigation against the State of Texas to cause the removal of an unpermitted “marine barrier” placed by the State of Texas in the Rio Grande River. Putting...more

Keating Muething & Klekamp PLL

Predictions for 2024 on Federal Wetland Jurisdiction after Sackett and Regulation Amendments

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

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Verrill

MassDEP Proposes New Coastal Floodplain Standards to Improve Climate Resiliency

Verrill on

There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more

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

Waters of the United States/Clean Water Act: U.S. House of Representatives Democrats Introduce Legislation Addressing U.S. Supreme...

One hundred eighteen Democratic members of the United States House of Representatives (“House”) introduced legislation titled: Clean Water Act of 2023(H.R. 5983) The stated purpose of H.R. 5983 is to address the...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

Williams Mullen

North Carolina’s Wetlands Saga is Over (for now)

Williams Mullen on

As a result of the North Carolina Farm Act of 2023 (Session Law 2023-63), North Carolina’s Department of Environmental Quality (NCDEQ or the Department) may now only regulate wetlands that are subject to federal Clean Water...more

Roetzel & Andress

Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA

Roetzel & Andress on

On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more

Schwabe, Williamson & Wyatt PC

Revised WOTUS Rule Limits Reach of Clean Water Act

Following years of administrative rulemaking and litigation, on September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of waters of the United...more

Burr & Forman

Developers Prepare to Gain Density and Reduced Wetlands Restrictions After EPA Policy Change

Burr & Forman on

In 2011, the Obama administration’s Environmental Protection Agency (the “EPA”) issued a rule interpretation that vastly broadened the definition of “Waters of the United States” subject to the EPA’s regulatory jurisdiction....more

Jenner & Block

EPA narrows “Waters of the United States” definition following Sackett ruling

Jenner & Block on

The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more

Nutter McClennen & Fish LLP

EPA and Army Corps Amend Clean Water Act’s “Waters of the United States” Rule

On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Final Rule Addressing Sackett...

The United States Environmental Protection Agency and the United States Corps of Engineers (collectively “EPA”) issued a pre-Federal Register publication final rule on August 29th revising the Clean Water Act definition of...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Nossaman LLP

Biden Administration Finalizes Updated WOTUS Rule

Nossaman LLP on

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more

Verrill

No Water, No Beer

Verrill on

The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water...more

Nossaman LLP

UPDATE: Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more

Mintz

And then there was one -- The Judge in Texas joined the Sixth Circuit Court of Appeals in staying another challenge to EPA's "old"...

Mintz on

Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of a challenge to EPA's eighth attempt to determine the reach of the Clean Water Act. ...more

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

Waters of United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Announce Intent to Issue Final...

The United States Environmental Protection Agency and the United States Department of the Army Corps of Engineers (collectively “EPA”) announced that they are developing a rule to amend the final “revised definition of waters...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

Nossaman LLP on

On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

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