News & Analysis as of July 30, 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 -

EPA to Hold Listening Sessions for Stakeholders on Implementation of Sackett

Maynard Nexsen on 4/18/2025

Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of “waters of the United States” (or “WOTUS”) in the wake of the...more

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

King & Spalding on 4/15/2025

After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Waters of the United States/U.S. EPA Proposed Rule: Arkansas Valley Audubon Society Comments

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/30/2019

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

King & Spalding on 2/22/2019

The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

Schwabe, Williamson & Wyatt PC on 12/20/2018

Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more

Trump EPA Proposes Limitations to WOTUS Rule

Snell & Wilmer on 12/13/2018

In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing...more

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/13/2017

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

Sullivan & Worcester on 8/3/2017

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

Sheppard Mullin Richter & Hampton LLP on 7/25/2017

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

West Coast Real Estate Update: January 2017 #2

Holland & Knight LLP on 1/24/2017

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

California Environmental Law and Policy Update - October 2014 #4

Allen Matkins on 10/28/2014

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

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