News & Analysis as of

Wetlands

Mitchell, Williams, Selig, Gates & Woodyard,...

WHERE RIVERS ARE BORN/Scientific Imperative For Protecting Small Streams and Wetlands: American Rivers Issues Report

The environmental organization American Rivers issued on January 29th a report titled: WHERE RIVERS ARE BORN - The Scientific Imperative For Protecting Small Streams and Wetlands (Second Edition) (“Report”)....more

Ward and Smith, P.A.

WOTUS 2025/2026: The Regulatory Pendulum Swings Again as Agencies Propose New Definitions

Ward and Smith, P.A. on

This comes over two years after the Agencies published the Revised Definition of “Waters of the United States” and just months after the U.S. Supreme Court’s decision in Sackett v. EPA (“Sackett“) prompted emergency surgery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Illinois River Watershed Partnership: 2025 Annual Report Issued

The Illinois River Watershed Partnership (“IRWP”) issued its 2025 Annual Report (“Report”). IRWP describes itself as a: … non-profit that works to improve the integrity of the Illinois River Watershed through public...more

Pierce Atwood LLP

Army Corps Phasing Out Regional General Permits in New England

Pierce Atwood LLP on

The U.S. Army Corps of Engineers’ New England District is phasing out regional general permits (RGPs) and replacing them with standardized nationwide permits (NWPs). RGPs are issued on a state-by-state basis by a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Restore the Mississippi River Delta's Comments on the U.S. EPA Proposed Rule

Restore the Mississippi River Delta coalition (“Delta Coalition”) submitted December 29, 2025 comments to the United States Environmental Protection Agency (“EPA”) and Untied States Corps of Engineers (“Corps”) on the...more

Womble Bond Dickinson

EPA and Army Corps Propose Narrower Definition of “Waters of the United States”

Womble Bond Dickinson on

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act...more

Lippes Mathias LLP

Navigating New York’s 2025 New Freshwater Wetlands Regulations, New Housing General Permit, and Other General Permits

Lippes Mathias LLP on

New York State entered 2025 with a major reconfiguration of its freshwater wetlands regulations. As of January 1, the New York State Department of Environmental Conservation (NYSDEC) implemented updated Freshwater Wetlands...more

Allen Matkins

EPA and Army Corps Release Proposed Rule Significantly Narrowing Federal “Waters of the United States” (WOTUS) Jurisdiction After...

Allen Matkins on

On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) (collectively, the “Agencies”) released a sweeping proposed rule (Proposed Rule) to revise the federal definition of...more

Winstead PC

Proposed WOTUS Rule Could Reduce CWA Permitting Burdens for Developers

Winstead PC on

On November 20, 2025, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps, together the “Agencies”) published a Notice of Proposed Rulemaking (Proposed Rule) in the Federal Register to revise...more

Verrill

Guideposts for Municipal Conservation Commissions: Lessons from Recent Cases

Verrill on

Wetlands permitting disputes resolved in the last year provide stark reminders and cautionary tales about Conservation Commission authority.  The Massachusetts Wetlands Protection Act (the “Act”) authorizes Conservation...more

Lowndes

Proposed New Definition of the “Waters of the United States” – What May Change and Why It Matters

Lowndes on

The Environmental Protection Agency (EPA) and the Army Corps of Engineers have proposed revisions to the definition of the “waters of the United States” (WOTUS) in 90 Fed. Reg. 52498 (Nov. 20, 2025) to align with the U.S....more

Davis Wright Tremaine LLP

The Evolving "Best Available Science" Standard in Washington Land Use and Environmental Regulation

Governor Bob Ferguson's Executive Order 25-10, issued October 22, 2025, calls for a more meaningful, accountable relationship between Washington state and Tribal Nations. The Order directs all cabinet agencies to strengthen...more

Roetzel & Andress

Revised WOTUS Rule Finally Issued

Roetzel & Andress on

On November 20, US EPA and the Army Corps of Engineers published a proposed rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s previous Sackett decision. Ever since...more

Robinson+Cole Environmental Law +

EPA Proposes New Clean Water Act Definition of “Waters of the United States”

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published their proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act...more

Pillsbury - Gravel2Gavel Construction & Real...

EPA and Army Corps Propose Revised Definition of “Waters of the United States”

For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). ...more

Troutman Pepper Locke

Navigating a New WOTUS Definition: Agencies Redefine the Line

Troutman Pepper Locke on

Over the past decade, the definition of “waters of the United States” (WOTUS) has shifted repeatedly, creating uncertainty for permitting and project planning. Building on the Supreme Court’s Sackett v. EPA decision, the EPA...more

Schwabe, Williamson & Wyatt PC

Navigating New Waters: Analysis of the Proposed WOTUS Rule

After much anticipation, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have published a proposed rule revising the definition of “waters of the United States” (WOTUS). ...more

Holland & Hart LLP

Receding Waters: How the New WOTUS Definition Reduces Clean Water Act Jurisdiction

Holland & Hart LLP on

Significantly reduced federal jurisdiction: The proposed rule will remove federal protection from many tributaries and wetlands, particularly in arid western states. Interstate waters lose automatic protection: Waters...more

Meyers Nave

WOTUS Overhaul: Clean Water, New Rules

Meyers Nave on

The EPA and the US Army Corps released a proposed new definition of “Waters of the United States” (WOTUS) on November 17, 2025, marking yet another major shift in how federal jurisdiction is asserted under the Clean Water...more

Holland & Knight LLP

The Last Wave: EPA and Army Corps Seek to Conform WOTUS Definition to Sackett

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers on Nov. 17, 2025, announced the release of a proposed rule revising the definition of "waters of the United States" (Proposed WOTUS Rule). The...more

ArentFox Schiff

The EPA Redefines Clean Water Act Definitions: Shifting Federal Control

ArentFox Schiff on

In the environmental space, there is perhaps no more closely watched issue than how the US Environmental Protection Agency (EPA) defines the Clean Water Act term, “waters of the United States.”...more

Vorys, Sater, Seymour and Pease LLP

U.S. EPA and Army Corps Propose Revisions to Definition of WOTUS

On November 17, 2025, U.S. EPA and the Army Corps announced proposed revisions to the 2023 definition of “waters of the United States” (WOTUS) which the Agencies expect “to be deregulatory in nature” – i.e. narrowing the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Inverse Condemnation: Washington Appellate Court Addresses Application of Subsequent Purchaser Doctrine

The Court of Appeals of Washington (“Court of Appeals”) addressed in an October 14th Opinion an inverse condemnation issue. See Mark D. Stephens & Lynn Stephens, Appellants, v. Town of Steilacoom, a municipal corporation,...more

Foley Hoag LLP - Environmental Law

Wading Into New York’s 2025 NYS Wetlands Permitting Changes

Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward. The 2022 changes were amendments to New...more

Phelps Dunbar

Don’t Let These Three Due Diligence Tricks Haunt Your Next Real Estate Deal

Phelps Dunbar on

Performing diligence to support your real estate acquisition can feel daunting—especially during “spooky season.” But there are steps companies can take to navigate the more unsettling environmental aspects with practical...more

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