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Waters of the United States Regulatory Agenda

ArentFox Schiff

2023 Federal Forecast – Agriculture

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The principal legislative focus for the agriculture sector in 2023 will be the new Farm Bill, which sets the policies for most of the country’s agriculture programs, authorizing mandatory and discretionary spending for...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

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Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Nossaman LLP

EPA Announces Regional WOTUS Roundtables

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On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

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On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

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On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

Bilzin Sumberg

WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos

Bilzin Sumberg on

As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more

Nossaman LLP

WOTUS No More: EPA and Corps Revert to Pre-2015 Framework

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On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies’ will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21,...more

Lewis Roca

Arizona Federal Court Vacates The Navigable Waters Protection Rule, EPA and the Army Corps to Redefine “Waters of the United...

Lewis Roca on

On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government...more

Allen Matkins

California Environmental Law & Policy Update - March 2021

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U.S. EPA drops challenge of Redwood City salt ponds' protection under Clean Water Act - SFGate – February 26 - The U.S. Environmental Protection Agency (EPA) last Friday withdrew an appeal filed by the Trump...more

WilmerHale

Environmental Enforcement Under a Biden Administration

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Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more

Steptoe & Johnson PLLC

Waters of the United States Litigation: Practical Considerations for the Regulated Community

A familiar list of states are suing the Trump administration for revising the “waters of the United States” definition that is used to create the Clean Water Act (“CWA”) regulatory programs. The lawsuit is pending before the...more

WilmerHale

Environmental Litigation Alert: Citizen Suits Challenge Rollbacks, Replacements and Project Approvals

WilmerHale on

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

Steptoe & Johnson PLLC

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more

Pillsbury - Gravel2Gavel Construction & Real...

The Fall 2017 Unified Federal Regulatory Agenda

The Office of Information and Regulatory Affairs Office of Management and Budget(Administration) has posted the Fall 2017 Agency Statements of Regulatory Priorities, and what follows is a selection of future environmental...more

Williams Mullen

Environmental Notes - December 2017

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A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The First Six Months of the Trump Administration: Will Trump Successfully Deregulate U.S. EPA?

During the campaign, Donald Trump made clear one priority would be deregulating federal agencies should he win the presidency. In particular, Candidate Trump stated U.S. EPA was at the top of his list for deregulation. In...more

Eversheds Sutherland (US) LLP

Navigating WOTUS: A Change in Course for “Waters of the United States” 

This week, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Army Corps) issued the first of its two-step proposal to revisit the controversial Waters of the United States (WOTUS) Rule finalized...more

WilmerHale

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

WilmerHale on

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

Stoel Rives - Environmental Law Blog

California to Thwart Trump’s Rollback of Federal Environmental Protections, Including Waters of US Deregulation

Newton’s Third Law apparently not only applies in physics, but in politics as well. Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal...more

K&L Gates LLP

Clean Water Rule Stayed Nationwide

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On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2015

EPA Releases TSCA Assessment Documents For Flame Retardant Chemicals: On August 18, 2014, the U.S. Environmental Protection Agency (EPA) released for public comment three Problem Formulation and Initial Assessment documents...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2015

EPA Denies Petition To Ban Triclosan: On May 13, 2015, the U.S. Environmental Protection Agency (EPA) denied a petition submitted in January 2010 by Food & Water Watch and Beyond Pesticides seeking to ban triclosan, an...more

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