News & Analysis as of

Clean Water Act Biden Administration Proposed Rules

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Nossaman LLP

What’s Up With WOTUS?

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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

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

Vinson & Elkins LLP on

The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

Troutman Pepper Locke

Recent Executive Action May Impact PFAS Regulation

Troutman Pepper Locke on

The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA),...more

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

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On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

Mintz

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Holland & Hart LLP on

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

Adams & Reese

EPA’s Adoption of Arizona Court’s Ruling on NWPR May Immediately Impact Wetland Permitting Requirements

Adams & Reese on

An Arizona District Court's recent ruling has effectively eliminated the Trump-era Navigable Waters Protection Rule (NWPR) on a nationwide scale and could dramatically alter the Federal 404 wetland dredge-and-fill permit...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers to Follow Pre-2015 Regulatory...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced on September 3rd that they have halted implementation of the Navigable Waters Protection Rule (“NWPR”) and...more

Bracewell LLP

Navigable Waters Protection Rule Vacated—EPA & Corps to Treat Vacatur as Nationwide

Bracewell LLP on

The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more

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