News & Analysis as of

Waters of the United States Regulatory Oversight

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Rivkin Radler LLP

Supreme Court Narrows Scope of Clean Water Act

Rivkin Radler LLP on

In Sackett v. Environmental Protection Agency, decided at the end of May, the Supreme Court substantially reduced the reach of the Clean Water Act (CWA). The issue before the Court was how far the Environmental Protection...more

Holland & Knight LLP

Sackett Decision Provides Clarity, Substantially Restricts Clean Water Act Jurisdiction Scope

Holland & Knight LLP on

The U.S. Supreme Court on May 25, 2023, issued its opinion in Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023). The opinion addresses the definition of "Waters of the United States" (WOTUS) pursuant to the...more

Womble Bond Dickinson

Trump Administration Repeals “Waters of the U.S.” Rule and Moves Towards a Replacement

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

Perkins Coie

EPA Proposes to Narrow Water Quality Certification Authority Under the Clean Water Act

Perkins Coie on

The Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act....more

Sheppard Mullin Richter & Hampton LLP

Corps and EPA Push Out Effective Date of Disputed Clean Water Rule

The U.S. Army Corps of Engineers and the Environmental Protection Agency published a rule postponing the effective date of the Clean Water Rule for two years, until February 6, 2020....more

Seyfarth Shaw LLP

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Sheppard Mullin Richter & Hampton LLP

EPA, Corps Propose Rescinding Clean Water Rule

The Environmental Protection Agency and Army Corps of Engineers on Tuesday announced a proposed rulemaking that would rescind the “Clean Water Rule” — which the agencies finalized in 2015 to revise the definition of “waters...more

Perkins Coie

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

Perkins Coie on

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

Burr & Forman

Whither EPA

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President Trump has proposed a dramatic cut in funding for the Environmental Protection Agency, the new EPA Administrator has suggested rollbacks in regulations, and there are even proposals to abolish the Agency entirely. ...more

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