The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more
Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more
5/20/2025
/ California ,
Clean Water Act ,
Climate Change ,
Construction Contracts ,
Environmental Policies ,
Infrastructure ,
Regulatory Requirements ,
Tariffs ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
Just two months into President Trump’s second term, project applicants are navigating a series of changes to U.S. Army Corps of Engineers’ (Corps) Clean Water Act (CWA) Section 404 permitting. Upon his inauguration, President...more
In the two weeks following his second-term inauguration, President Donald Trump issued dozens of executive orders, many of which focus on energy independence and streamlining governmental approvals. The long-term...more
2/4/2025
/ Clean Water Act ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
NEPA ,
Oil & Gas ,
Regulatory Reform ,
Renewable Energy
Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
8/1/2024
/ Bald and Golden Eagle Protection Act ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Federal Land ,
Greenhouse Gas Emissions ,
Natural Resources ,
NEPA ,
Permits ,
Webinars
In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more
On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more
8/31/2023
/ Amended Rules ,
Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett v EPA ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more
7/21/2023
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more
6/29/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more
6/15/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
9/14/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
8/12/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Continuing Legal Education ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers ,
Webinars
On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more
12/2/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies’ will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21,...more
9/7/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
6/15/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Guidance Documents ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Zoning Laws
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
5/26/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Continuing Legal Education ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Guidance Documents ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Webinars ,
Zoning Laws
On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more
12/28/2020
/ Clean Water Act ,
Comment Period ,
Construction Project ,
Environmental Policies ,
Mitigation ,
Real Estate Development ,
Regulatory Reform ,
Section 404 ,
State Department of Fish and Wildlife ,
US Army Corps of Engineers ,
US Fish and Wildlife Service
On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more
6/12/2020
/ Clean Water Act ,
Construction Project ,
Coronavirus/COVID-19 ,
Economic Development ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Infrastructure ,
Marine Life Protections ,
NEPA ,
Permits ,
Regulatory Burden ,
Trump Administration