News & Analysis as of

Wetlands Section 404

Mintz

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

Lowndes

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

Downey Brand LLP

Biden Administration Finalizes Waters of the United States Rule in Latest Move Involving Ongoing Water Quality Saga

Downey Brand LLP on

On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more

(ACOEL) | American College of Environmental...

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more

(ACOEL) | American College of Environmental...

WOTUS: What to Watch For in 2022

In 2022, the on-going debate will continue over the hotly contested definition of “waters of the United States” (WOTUS), a phrase that determines the scope of federal jurisdiction over streams, wetlands and other waterbodies...more

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

Yazoo Mississippi Backwater Area Pumps Project: U.S. Environmental Protection Agency Reinstates 404 Veto

The United States Environmental Protection Agency (“EPA”) reversed a prior decision and restored a Clean Water Act Section 404 veto of the Yazoo Backwater Area Pumps Project (“Project”). Earth Justice had previously filed...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

Nossaman LLP

Podcast: What’s in a Wetland - An Overview of Federal and State Developments in Defining Jurisdictional Wetlands

Nossaman LLP on

In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more

Williams Mullen

Are Jurisdictional Determinations Valid only for Five Years?

Williams Mullen on

As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more

Holland & Knight LLP

Florida Dept. of Environmental Protection Takes Over Federal Wetlands Permit Process in State

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

Bilzin Sumberg on

On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more

Snell & Wilmer

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

Snell & Wilmer on

On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more

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

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

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

Determination of Compensatory Mitigation Credits for the Removal of Obsolete Dams and Other Structures from Rivers and Streams:...

The United States Army Corps of Engineers (“Corps”) issued on September 25th a Regulatory Guidance Letter No. 18-01 titled: Determination of Compensatory mitigation Credits for the Removal of Obsolete Dams and Other...more

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Southwest Arkansas Regional Intermodal...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 29th Public Notice referencing a Section 404 Clean Water Application by the Southwest Arkansas Regional Intermodal Authority...more

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Proposed Pulaski County, Arkansas,...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 25th Public Notice stating that an application had been received for a Section 404 Clean Water Act permit (i.e., to discharge dredged...more

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

Sand and Gravel Mining/Processing – Miller/Lafayette Counties (Arkansas): U.S. Corps of Engineers (Vicksburg District) Public...

The United States Corps of Engineers (“Corps”) (Vicksburg District) issued an August 17th public notice referencing an application for a Section 404 permit to undertake sand and gravel mining and processing at sites in...more

Akerman LLP

Will Permitting Under Florida’s Wetlands Program Get Any Easier?

Akerman LLP on

The development community is watching closely. Will the wetlands permitting process really be better in 2019? In some cases, yes. Well, maybe. In other cases, probably not....more

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit: Proposed Ouachita County, Arkansas Wood Pellet...

The United States Army Corps of Engineers (“Corps”) (Vicksburg District) issued a June 12 public notice regarding a proposed project in Ouachita County, Arkansas, that is seeking a Clean Water Act Section 404 permit. The...more

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

U.S. Army Corps of Engineers (Vicksburg District) Section 404 Permit Application Public Notice: Miller County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more

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

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Vicksburg District) Public Notices Saline County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District)(“Corps”) issued a May 17th public notice regarding a Section 404 Clean Water Act application for a Saline County, Arkansas project. The Benton, Arkansas Street...more

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

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

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

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

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

Wetland Mitigation Banks: National Trade Associations' March 12th Comments on U.S. Army Corps of Engineers (Fort Worth District)...

A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more

Pillsbury - Gravel2Gavel Construction & Real...

Sixth Circuit Holds That Prolonged Permitting Processes Are Not A Final Action Warranting Judicial Review

On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more

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