News & Analysis as of

Waters of the United States New Regulations

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Mintz

EPA says we should have its next stab at a Waters of the United States rule in September. What's next?

Mintz on

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

Mintz

Not with a bang but a whimper -- EPA decides no Clean Water Act regulations better after all

Mintz on

In June, EPA said it intended its current regulations determining the reach of the Clean Water Act to remain in place while it developed new regulations doing the same thing differently. It has repeated that position in...more

Mintz

EPA and the Corps of Engineers are heading down the Waters of the United States regulatory road this summer. Will they ever reach...

Mintz on

Friday EPA and the Army Corps of Engineers announced that between now and Labor Day they will be listening to stakeholders as they kick off what will be the eighth attempt to resolve by regulation the reach of the Federal...more

Nossaman LLP

[Webinar] WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S. - July 16th, 1:00...

Nossaman LLP on

In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more

Perkins Coie

New Regulations Narrow Reach of Clean Water Act

Perkins Coie on

The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more

Perkins Coie

New Regulations Redefine the Scope of the Clean Water Act

Perkins Coie on

The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more

Ward and Smith, P.A.

The Longest Dance – The WOTUS Two-Step

Ward and Smith, P.A. on

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more

Perkins Coie

2015 Clean Water Act Rule Repealed

Perkins Coie on

A new final regulation issued on September 12, 2019 by the Environmental Protection Agency and the Army Corps of Engineers repeals the Obama administration’s 2015 “Clean Water Rule,” but does little to clear up the...more

Womble Bond Dickinson

Expansion of the "Waters of the U.S." Rule Delayed; Replacement Rule in the Works

Womble Bond Dickinson on

On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Sullivan & Worcester

The New Administration’s Deregulatory Agenda and its Impact on Environmental & Energy Policy

Sullivan & Worcester on

As seen in the first six months of President Trump’s Administration, the country is on a rollercoaster ride. There is much uncertainty regarding the implementation of new policies and the status of existing programs...more

Ballard Spahr LLP

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water

Ballard Spahr LLP on

The final Waters of the United States rule, jointly proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers last spring, was signed on May 26, 2015, and aims to clarify the federal...more

Manatt, Phelps & Phillips, LLP

EPA’s New Water Rule: Clarification or Power Grab?

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corp of Engineers (Army Corp) just released the final rule providing guidance on which waters are considered “Navigable Waters of the United States” and thus...more

BakerHostetler

Leaked EPA Draft Offers Insight into Upcoming Shale Wastewater Regulations

BakerHostetler on

The rapid expansion of shale drilling in recent years has brought with it an increase in the wastewater that is generated during the fracking process. One fracking well can produce over one million gallons of wastewater in a...more

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