On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more
3/25/2025
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Navigable Waters ,
New Guidance ,
Proposed Rules ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
Waters of the United States ,
Wetlands
On May 25, 2023, the U.S. Supreme Court announced a five-Justice Majority decision in the case of Sackett v. Environmental Protection Agency. Justice Alito, writing for the majority, stated that the Clean Water Act only...more
Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund -
The U.S. Environmental Protection Agency has rescinded January 2020 guidance on...more
Announcement Follows Federal District Court Decision Vacating Trump Administration Waters of the United States Rule -
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced on September 3 that...more
A South Carolina federal judge issued an order late last week allowing the Navigable Waters Protection Rule, the Trump administration’s “waters of the United States” rule, to remain in place while the U.S. Environmental...more
Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act -
The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water...more
Clarity Provided for New “Functional Equivalent” Test -
Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more
12/11/2020
/ Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications -
The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
County of Maui v. Hawai’i Wildlife Fund -
Last week, the Supreme Court announced a 6-3 decision in the case of County of Maui v. Hawai’i Wildlife Fund. The decision involves whether a federal permit is required under the...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 -
On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more
4/23/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Property Owners ,
Public Agencies ,
Regulatory Reform ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
EPA and Army Corps of Engineers Give New Waters of the U.S. Definition -
The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of “Waters of the United States” that...more
1/24/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Manufacturing Facilities ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
WOTUS Definition Court Challenges Continue -
The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more
10/31/2019
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Trump Administration’s proposed rule defining “Waters of the United States” under the federal Clean Water Act was published last week in the Federal Register....more
2/18/2019
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
For the second time in the last 4 years, and the seventh since the Clean Water Act was adopted in 1972, the federal government has revised the definition of the term “Waters of the United States” for the purposes of the...more
12/13/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
6/22/2018
/ Appeals ,
Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Liability ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Flood Control ,
Groundwater ,
Municipalities ,
NPDES ,
Permits ,
Public Comment ,
Rulemaking Process ,
Surface Water ,
Waste Disposal ,
Wastewater ,
Water Management
Recently, the U.S. Environmental Protection Agency and Army Corps of Engineers published a proposed rule that re-codifies a decades-old definition of “waters of the United States,” which are waterbodies that are subject to...more
The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August -
In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...more
Injunction Applies Only to 13 States That Are Parties to the Case
On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more
The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more
The Environmental Protection Agency recently announced a proposed rule changes related to the Clean Water Act and the definition of the term “Waters of the United States.” If adopted, it is believed they will greatly expand...more
If adopted, the rule will impact local governments and public agencies.
In response to the Environmental Protection Agency’s recently announced proposed rule related to the Clean Water Act and the definition of “Waters...more
Regulations Require Identification of High Quality Lakes, Streams and Other Surface Water -
The U.S. Environmental Protection Agency (EPA) recently issued proposed regulations governing the way it reviews and approves...more
The Ninth Circuit Court of Appeals ruled on August 8, 2013, that elevated pollutant levels in the Los Angeles and San Gabriel rivers represent a violation of the National Pollutant Discharge Elimination System (NPDES) permit...more