News & Analysis as of July 31, 2025

Wetlands

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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

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

New EPA Rule on Clean Water Act

Bilzin Sumberg on 8/31/2023

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”). This is a...more

Biden Administration Finalizes Updated WOTUS Rule

Nossaman LLP on 8/31/2023

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

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

Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

Nossaman LLP on 3/28/2023

On March 19, 2023, the U.S. District Court for the Southern District of Texas issued a preliminary injunction to temporarily halt the enactment of the Biden administration’s new waters of the United States (WOTUS) rule within...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 Waters of the United States Rule in Latest Move Involving Ongoing Water Quality Saga

Downey Brand LLP on 1/6/2023

On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...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

Legal Alert – U.S. Army Corps Pauses Permit Decisions

Woods Rogers on 11/10/2021

Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more

The Legal Tug of War Over the Definition of Waters of the United States

Shumaker, Loop & Kendrick, LLP on 10/6/2021

Once again, developers and other interested parties are grappling with yet another District Court decision regarding the definition of Waters of the United States. On August 30, 2021, the Federal District of Arizona vacated...more

WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos

Bilzin Sumberg on 9/9/2021

As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more

Federal court vacates and remands Trump administration federal wetlands rule

Bricker Graydon LLP on 9/7/2021

On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more

Federal Judge Strikes Down Trump Administration’s Federal Wetlands Regulations Rule

Bilzin Sumberg on 8/31/2021

Yesterday, a federal judge vacated the Trump Administration's Navigable Waters Protection Rule (“NWPR”) that had narrowed the scope of federal jurisdiction over wetlands. ...more

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