H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds – Reflections on Water Podcast
Reflections on Sackett - Reflections on Water Podcast
Balado continuité – Environnement : nouveautés du régime d’autorisation québécois
The Koontz Decision: Limits Conditions a Government can Impose on Developers
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The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more
Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more
On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...more
Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting, allowing the rule to be as...more
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
On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more
Last week, EPA and the Army Corps proposed a new rule to define what constitutes “waters of the United States.” Déjà vu all over again. Under the proposal, the agencies: are exercising their discretionary authority to...more
Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that question, at least for the...more
The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more
The Environmental Protection Agency (EPA) and the Department of the Army (specifically, the United States Army Corps of Engineers (USACE)) published a revised definition of "waters of the United States" ("WOTUS") on February...more
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
A lot of proverbial ink has been spilled regarding the Trump administration’s proposal to amend the definition of “waters of the United States” under the Clean Water Act. The administration has focused on what it views as a...more
A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more
The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more
The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more
On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more