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On April 9, 2025, President Trump directed federal agencies to repeal certain categories of regulations in his memorandum entitled Directing the Repeal of Unlawful Regulations (âMemorandumâ). In this Memorandum, President...more
Welcome to the April edition of Nutterâs Environment & Energy Insights, a periodic update of current trends in environment and energy law. This month we cover: EPA is changing the meaning of âwaters of the United States.â...more
On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except...more
On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more
An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corpsâ) is unlawful. Nationwide permits...more
In the ongoing saga of the Clean Water Actâs so-called âWaters of the United Statesâ or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more
On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the âRuleâ) in the Federal Register. ...more
EPA and Army Corps of Engineers New âWaters of the U.S.â Definition Takes Effect on June 22 - On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more
On April 21, 2020, the U.S. Environmental Protection Agency (US EPA) and the Army Corps of Engineers (Army Corps) published in the Federal Register their revised rule defining which waterbodies are subject to federal...more
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that âimpermissibly expanded the definition of...more
On January 23, 2020, the United States Environmental Protection Agency (âEPAâ) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the â2020 Ruleâ), which includes a revised definition of the...more
The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more
On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the âAgenciesâ) issued the âNavigable Waters Protection Ruleâ as the latest attempt to define the phrase âwaters of the...more
 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining âWaters of the United Statesâ under the Clean Water Act....more
EPA and Army Corps of Engineers Give New Waters of the U.S. Definition - The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of âWaters of the United Statesâ that...more
WOTUS Definition Court Challenges Continue - The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more
On Tuesday, October 22, 2019, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule repealing the Obama Administrationâs 2015 âWOTUSâ rule, which set new and more expansive...more
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that âimpermissibly expanded the definition of âwaters of...more
On February 6, 2018, the EPA formally suspended the Obama-era âWaters of the U.S.â (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
The Trump Administrationâs proposed rule defining âWaters of the United Statesâ under the federal Clean Water Act was published last week in the Federal Register....more
This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more
On December 11, 2018, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced proposed changes to the agenciesâ definition of âwaters of the United Statesâ (WOTUS). This...more
On December 11, 2018, in a move that follows on the heels of the litigation over the highly controversial 2015 move to redefine âwaters of the United Statesâ under the federal Clean Water Act, the U.S. EPA and the Army Corps...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a âclear, understandable, and implementable definition of âwaters of the United Statesâ...more
For the second time in the last 4 years, and the seventh since the Clean Water Act was adopted in 1972, the federal government has revised the definition of the term âWaters of the United Statesâ for the purposes of the...more