On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...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
The U.S. Supreme Court issued its long-awaited decision yesterday in the case of Sackett v. EPA, upending wetland regulation nationwide and dealing a significant blow to the Biden Administration’s rulemaking to define the...more
On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more
2/7/2022
/ Appeals ,
Biden Administration ,
Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters Protection Rule ,
Petition for Writ of Certiorari ,
Proposed Rules ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In environmental law, it’s hard to imagine a topic shrouded in more uncertainty and confusion than the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). After numerous Supreme Court...more
On September 12, 2019, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a final rule (the “Repeal Rule”) repealing the Obama administration’s 2015 “waters of the United States”...more
In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more
3/15/2018
/ Draft Guidance ,
Flood Management ,
Infrastructure ,
Permits ,
Policies and Procedures ,
Public Comment ,
Public Works ,
Risk Management ,
US Army Corps of Engineers ,
Utilities Sector ,
Water Resources Facilities
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
2/22/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Coal Industry ,
Deregulation ,
Discharge of Pollutants ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hughes v United States ,
Hydropower ,
Jurisdiction ,
Marks v US ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Rapanos v US ,
Renewable Energy ,
SCOTUS ,
Split of Authority ,
Stormwater Discharge Permits ,
Trump Administration ,
Underground Injection Wells ,
Unduly Burdensome ,
US Army Corps of Engineers ,
Wastewater ,
Waters of the United States