News & Analysis as of

Waters of the United States Trump Administration Rulemaking Process

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

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

Sullivan & Worcester on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Holland & Knight LLP

Biden Administration Begins Process of Revising Waters of the U.S. Rule

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more

Nossaman LLP

Redefining Navigable Waters: The Next Frontier of the WOTUS Saga

Nossaman LLP on

In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more

Bracewell LLP

Clean Water Act News: Final Rulemaking Defining Waters of the United States Released (Updated)

Bracewell LLP on

On April 21, EPA published the revised definition of “Waters of the United States,” or “WOTUS,” in the Federal Register. WOTUS is a lynchpin phrase in the Clean Water Act that determines the jurisdictional reach of multiple...more

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

Bricker Graydon LLP on

On April 21, 2020, the U.S. Environmental Protection Agency (US EPA) and the Army Corps of Engineers (Army Corps) published in the Federal Register their revised rule defining which waterbodies are subject to federal...more

WilmerHale

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

WilmerHale on

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Sheppard Mullin Richter & Hampton LLP

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more

Hogan Lovells

The Clean Water Act "WOTUS" Rule: A long and winding river

Hogan Lovells on

The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more

Burr & Forman

EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters

Burr & Forman on

On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as the latest attempt to define the phrase “waters of the...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

Stoel Rives LLP on

On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Bilzin Sumberg

Changes to the Clean Water Act's "Waters of the United States" Rule

Bilzin Sumberg on

 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction

EPA and Army Corps of Engineers Give New Waters of the U.S. Definition - The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of “Waters of the United States” that...more

Williams Mullen

Environmental Notes - February 2020

Williams Mullen on

It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Best Best & Krieger LLP

Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23

Best Best & Krieger LLP on

WOTUS Definition Court Challenges Continue - The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more

Seyfarth Shaw LLP

Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of...more

Stinson LLP

Waking the "Zombies" - Possible Changes to EPA's Longstanding Article I Administration Discretion in Rulemaking

Stinson LLP on

The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more

Best Best & Krieger LLP

Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register - Comments Due by April 15

The Trump Administration’s proposed rule defining “Waters of the United States” under the federal Clean Water Act was published last week in the Federal Register....more

Snell & Wilmer

Shutdown Reflections on WOTUS

Snell & Wilmer on

The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal). The pre-publication...more

Polsinelli

POTUS Changes WOTUS (“Waters of the United States”)

Polsinelli on

On December 28, 2018, the EPA published in the Federal Register a revised definition of “waters of the United States” (the “Proposed Rule”), as used in the Clean Water Act, to replace the current definition that was finalized...more

Foley & Lardner LLP

Feeling Inundated? EPA Swamps the WOTUS Rule, Proposes New Definition of “Waters of the U.S.”

Foley & Lardner LLP on

Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more

Robinson & Cole LLP

Plugging Holes in the Clean Water Act: EPA and ACOE Release their Proposed Replacement Rule Defining “WOTUS”

Robinson & Cole LLP on

On December 11, 2018, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced proposed changes to the agencies’ definition of “waters of the United States” (WOTUS). This...more

Nossaman LLP

U.S. EPA And Army Corps Of Engineers Propose Revamp Of "Waters Of The United States"

Nossaman LLP on

On December 11, 2018, in a move that follows on the heels of the litigation over the highly controversial 2015 move to redefine “waters of the United States” under the federal Clean Water Act, the U.S. EPA and the Army Corps...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide