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WOTUS Whiplash 4.0: The Revised Definition of "Waters of the United States"

It's that song in your head that you can't stop hearing.  On March 20, 2023, the 500-plus page final Revised Definition of "Waters of the United States" ("2023 WOTUS Rule" or "Rule") went into effect, published jointly by...more

WOTUS Whiplash

The ongoing saga of how to define "waters of the United States" (WOTUS) continues.  In this latest installment, we have, in effect, time-traveled back to 2008.  The United States Environmental Protection Agency ("EPA")...more

Replacing the Clean Water Rule – Is the Dance Really Over?

On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by...more

The Longest Dance – The WOTUS Two-Step

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...more

NC Oyster and Marine Aquaculture Makes a Splash

North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities. Activities in the North Carolina House of Representatives and Senate during the last...more

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