Clean Water Act, Jurisdiction, Wetlands

EPA Seeks Public Input on WOTUS Implementation Post-Sackett Ruling

Best Best & Krieger LLP on 3/25/2025

On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more

EPA and the Army Make More Waves on WOTUS

Bracewell LLP on 3/14/2025

On March 12, the Environmental Protection Agency and the Office of the Assistant Secretary of the Army took steps to address lingering questions about the meaning and implementation of “waters of the United States” (WOTUS)...more

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

Polsinelli on 12/20/2024

Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more

The Supreme Court's Recent Clean Water Act Decision Forces Local Jurisdictions to Tackle Wetlands Issues

Farella Braun + Martel LLP on 8/15/2024

As someone who grew up in Southwest Colorado, Ayden Crosby's great reporting on Silverton's efforts to grapple with wetlands issues after Sackett v. EPA hits close to home and highlights the impacts on local communities who...more

Environment & Energy Insights (August 2024)

Nutter McClennen & Fish LLP on 8/12/2024

Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/7/2024

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Waters of the United States/Clean Water Act: Federal Appellate Court Addresses Jurisdictional Challenge

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/26/2024

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 18, 2023, Consolidated Opinion whether certain Louisiana wetlands were subject to Clean Water Act jurisdiction. See Lewis v....more

An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean...

Mintz on 12/21/2023

Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on 11/13/2023

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived. First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/8/2023

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

Pierce Atwood LLP on 9/11/2023

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Revised WOTUS Rule Limits Reach of Clean Water Act

Schwabe, Williamson & Wyatt PC on 8/31/2023

On August 29, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of water of the United States (WOTUS) that significantly curtails the agencies’ authority...more

EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow.

Mintz on 8/30/2023

Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

Pillsbury - Gravel2Gavel Construction & Real... on 8/25/2023

The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

Davis Wright Tremaine LLP on 6/21/2023

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/16/2023

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

WOTUS at SCOTUS: Supreme Court Shrinks Clean Water Act Jurisdiction over Wetlands

Bradley Arant Boult Cummings LLP on 6/7/2023

Last week the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying what wetlands are subject to federal jurisdiction and regulation under the Clean Water Act (CWA). The Sackett case was brought...more

Supreme Court Narrows the Clean Water Act’s Jurisdictional Reach Over Wetlands

Nutter McClennen & Fish LLP on 5/31/2023

The Supreme Court, on May 25, 2023, addressed the longstanding issue of how to determine when a wetland is subject to jurisdiction under the Clean Water Act (the “CWA”). In Sackett v. Environmental Protection Agency, a 5-4...more

Supreme Court Issues Decision in Sackett v. EPA Rolling Back Clean Water Act Jurisdiction Over Certain Wetlands

ArentFox Schiff on 5/30/2023

In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over...more

Clean Water Act Coverage – Another Revised WOTUS Rule

Schwabe, Williamson & Wyatt PC on 1/31/2023

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...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

Clean Water Act Wetlands Jurisdiction: Could Adjacency Be the New "Significant Nexus"?

Venable LLP on 10/12/2022

The U.S. Supreme Court's October 2022 term began with a bang: a new Justice on the bench, the public back in the courtroom for the first time since the pandemic - and two hours of argument about the scope of federal...more

The Supreme Court - January 24, 2022

Dorsey & Whitney LLP on 1/24/2022

Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707: These cases, involving the interpretation of the Equal Protection Clause...more

[Webinar] WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S. - July 16th, 1:00...

Nossaman LLP on 6/30/2020

In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more

Hold Your Water – Navigating the New Rule Defining "Waters of the United States"

Foley & Lardner LLP on 2/5/2020

On January 23, 2020, the Department of the Army Corps of Engineers and the U.S. Environmental Protection Agency finalized a rule redefining the scope of federal regulatory jurisdiction over “waters of the United States.” ...more

Clean Water Act › Jurisdiction › Wetlands

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