News & Analysis as of August 6, 2025

Supreme Court of the United States

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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 -

Corps and EPA Rescind Biden Wetland Guidance – Move to Revise “Waters of the United States” Definition

Morris, Manning & Martin, LLP on 3/26/2025

On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more

California Environmental Law & Policy Update 5.31.24

Allen Matkins on 6/3/2024

The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on 12/7/2023

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Waters of the United States Rule Revised in Response to Sackett Decision

Holland & Knight LLP on 9/8/2023

The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more

Here We WOTUS Again

Brownstein Hyatt Farber Schreck on 9/1/2023

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Will EPA's 9th attempt to determine the reach of the Clean Water Act be the charm? The Waters Advocacy Coalition doesn't seem to...

Mintz on 8/3/2023

Last week the Waters Advocacy Coalition sent to the heads of the Environmental Protection Administration and the Corps of Engineers many "recommendations" regarding EPA's and the Corps' post-Sackett attempt to determine the...more

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 7/20/2023

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

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

Nossaman LLP on 6/29/2023

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

“Waters of the United States” Rule Update

Roetzel & Andress on 4/25/2023

On April 12, a federal judge in North Dakota blocked implementation of the Biden Administration’s “Waters of the United States” Rule in 24 states. As we mentioned in last month’s client update, the Biden Administration’s...more

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on 2/23/2023

This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on 1/20/2023

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

WOTUS Rule Finalized: What Does it Mean?

Lippes Mathias LLP on 1/18/2023

Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Back to the Future: The Biden Administration Releases Final WOTUS Rule

Holland & Hart LLP on 1/6/2023

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

Biden Administration Finalizes Redefinition of "Waters of the United States"

Bracewell LLP on 1/4/2023

On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Brownstein Hyatt Farber Schreck on 4/18/2022

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

Kohrman Jackson & Krantz LLP on 4/14/2022

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on 4/7/2022

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

Just when you thought the Waters of the United States saga couldn't get any stranger

Mintz on 2/16/2022

Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more

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

Holland & Hart LLP on 2/7/2022

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

We have a new EPA definition of "Waters of the United States" but if you were looking for a bright line you're going to be...

Mintz on 11/19/2021

EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next year in time for the 50th anniversary of the Clean Water Act. Before I get to the...more

Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread?

Mintz on 8/31/2021

News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to strike down the Trump Administration's regulation establishing the reach of the Federal...more

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on 1/6/2021

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

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