H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds – Reflections on Water Podcast
Reflections on Sackett - Reflections on Water Podcast
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more
When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more
On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more
Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act...more
On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more
Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September. Assistant Administrator Fox promises that the new regulation...more
On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more
A United States District Court (E.D. Kentucky) (“Court”) addressed in a February 8th Memorandum Opinion and Order (“Opinion”) various conservation groups’ (“CGs”) Motion to Intervene (“Motion”) in litigation involving a rule...more
The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters. To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more
Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more
The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean...more
On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...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
In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more
Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more
The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more
On September 12, 2019, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a final rule (the “Repeal Rule”) repealing the Obama administration’s 2015 “waters of the United States”...more
The federal courts have recently decided two significant Clean Water Act (CWA) cases: State of Georgia, et al. v. Wheeler, where the US District Court for the Southern District of Georgia held that the 2015 rulemaking...more
A decision by the U.S. District Court for the Southern District of Georgia issued on August 21, 2019, highlights the continuing confusion over the definition of “waters of the United States” under the Clean Water Act. The...more
This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more
In August, a judge in South Carolina issued a nationwide injunction against the “Suspension Rule,” which delayed the effective date of the 2015 Waters of the United States rule. Now, a judge in Oregon has gone even further....more
Following a truncated August recess, the House and the Senate returned to Washington after Labor Day with a full plate of legislative items to address prior to the end of the fiscal year on September 30. That list includes...more
The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more
On August 16, 2018, the U.S. District Court for the District of South Carolina issued a nationwide injunction on a Trump administration rule that has been preventing the 2015 rule that revised the definition of “waters of the...more