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Environmental Policies US Army Corps of Engineers Biden Administration

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

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

Bilzin Sumberg

New EPA Rule on Clean Water Act

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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

Nossaman LLP

Biden Administration Finalizes Updated WOTUS Rule

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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

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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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

Nossaman LLP

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

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Nossaman LLP

On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?

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From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Nossaman LLP

[Webinar] Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead? - September 1st, 1:00 pm -...

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From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

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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

Allen Matkins

California Environmental Law & Policy Update - November 2021 #3

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Biden administration acts to restore clean-water safeguards - Associated Press – November 18 - The Biden administration took action this Thursday to restore federal protections for hundreds of thousands of small streams,...more

Mintz

We have a new EPA definition of "Waters of the United States" but if you were looking for a bright line you're going to be...

Mintz on

EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next year in time for the 50th anniversary of the Clean Water Act. Before I get to the...more

Williams Mullen

WOTUS, WOTUS, WOTUS...

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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

WilmerHale

Recent Developments in EJ Enforcement and Permitting

WilmerHale on

The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

Foley & Lardner LLP

Sea Change: Biden Administration Halts Trump-Era Regulation and Expands Clean Water Act Protections

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The scope of the Clean Water Act is yet again in flux. In January 2020, the Trump Administration meaningfully restricted what bodies of water are protected under the Clean Water Act by narrowing the Act’s definition of...more

Bilzin Sumberg

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

Bilzin Sumberg on

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

Nossaman LLP

WOTUS No More: EPA and Corps Revert to Pre-2015 Framework

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On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies’ will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21,...more

Bilzin Sumberg

EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States

Bilzin Sumberg on

In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public...more

Holland & Knight LLP

Biden Administration Begins Process of Revising Waters of the U.S. Rule

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The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more

Nossaman LLP

New POTUS, New WOTUS?

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At the end of July, the Environmental Protection Agency (EPA) announced that the Biden administration will begin working to create a “durable definition” of Waters of the United States (WOTUS). EPA and U.S. Army Corps of...more

Morgan Lewis

Biden-Harris Administration Plans to Revise ‘Waters of the United States’ Definition

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In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more

Mintz

When it comes to the Waters of the United States, EPA thinks the eighth time will be the charm

Mintz on

This morning Juan Carlos Rodriguez reports in Law 360 what EPA Administrator Regan had already suggested -- that the Biden Administration apparently thinks that the eighth time really can be the charm with respect to EPA's...more

Holland & Hart LLP

Is Regulatory Limbo the New Normal For WOTUS?

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In environmental law, it’s hard to imagine a topic shrouded in more uncertainty and confusion than the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). After numerous Supreme Court...more

Allen Matkins

California Environmental Law & Policy Update - May 2021

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Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

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