On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA,effectively narrowing the scope of federally protected wetlands to which the Clean Water Act (CWA) applies. The CWA provides the U.S. Army Corp of...more
6/2/2023
/ 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 move that could have wide-ranging implications for developers of real estate, including renewable energy projects, throughout the United States, the U.S. Army Corps of Engineers (the “Corps”) recently announced that it...more
Yesterday, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to initiate a rulemaking process to promulgate a new definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”)....more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
1/15/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Congressional Review Act ,
Cross-State Air Pollution ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
FIFRA ,
PFAS ,
RCRA ,
Renewable Energy ,
Repeal ,
Supplemental Environmental Project (SEP) Policy ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more
1/7/2019
/ Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Navigable Waters ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more
3/2/2017
/ Economic Development ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Justice Scalia ,
Land-Use Permits ,
Popular ,
Regulatory Reform ,
Rescission ,
SCOTUS ,
Stays ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
On December 11, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (Army Corps) jurisdictional determinations are final agency actions subject to...more
On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United...more
6/15/2015
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Federal Register ,
Interstate Commerce ,
Judicial Review ,
Justice Scalia ,
Rapanos v US ,
RCRA ,
US Army Corps of Engineers ,
Waters of the United States