News & Analysis as of September 8, 2025

Permits

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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 -

404 Permitting Program/Assumption Rule: Center for Biological Diversity Notice of Intent to Sue U.S. EPA Alleging Violations of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/29/2025

The Center for Biological Diversity (“CBD”) sent a July 30th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue for Violations of the Endangered Species Act with Respect...more

Update On Wisconsin Indian Tribe’s Lawsuit Against Federal Government

Husch Blackwell LLP on 1/24/2019

As mentioned in a prior blog post, the Menominee Indian Tribe of Wisconsin (“Tribe”) sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty...more

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/5/2018

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

King & Spalding on 3/3/2017

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

Holland & Knight LLP on 1/19/2017

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

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