The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years.
For developers eyeing coastal properties, understanding the...more
The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived. First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more
11/13/2023
/ Clean Water Act ,
Department of Environmental Quality ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
North Carolina ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
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
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
5/11/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Functional Equivalent ,
Groundwater ,
Navigable Waters ,
NPDES ,
Regulatory Reform ,
Waters of the United States
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
10/24/2019
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
New Regulations ,
Public Comment ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
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
Can the law that protects the quality of the nation's waters seep into groundwater below the surface?
According to the United States Court of Appeals for the Fourth Circuit, which includes North Carolina in its...more
Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more
6/14/2017
/ Administrative Procedure Act ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Justice Scalia ,
Nexus ,
Public Comment ,
Rapanos v US ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States