News & Analysis as of

Environmental Policies US Army Corps of Engineers Trump 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

Womble Bond Dickinson

The Trump Administration Seeks Input on Definition of “Waters of the US” & Foreshadows Potential Rulemaking Focus

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On Monday, March 24, 2025, the U.S. Environmental Protection Agency (the “EPA”) and the U.S. Army Corps of Engineers (the “Corps”) issued a Federal Register Notice soliciting stakeholder feedback concerning the implementation...more

Brownstein Hyatt Farber Schreck

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more

Baker Botts L.L.P.

Army Corps Seeks to Fast-Track 600 Energy and Infrastructure Projects

Baker Botts L.L.P. on

The Army Corps of Engineers has identified over 600 energy and other infrastructure projects that could be fast-tracked under President Donald Trump’s National Energy Emergency declaration, according to a Reuters review of...more

Jones Day

Energy Projects Could Get Quicker Wetland and Endangered Species Approvals

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President Trump concluded that the integrity and expansion of the energy infrastructure of the United States is an immediate priority for the nation's economic and national security....more

Nossaman LLP

Trump’s Executive Order on California Water

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On January 24, 2025, President Trump issued Executive Order 14181 (“EO 14181”), entitled “Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas.” While alluding to...more

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

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On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...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

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

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

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

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Allen Matkins

California Environmental Law & Policy Update - January 2021

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Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

Allen Matkins on

Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

Bricker Graydon LLP

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams (UPDATED)

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Update June 29, 2020: On June 25, 2020, Ohio EPA issued the Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. ...more

Foley Hoag LLP - Environmental Law

Woe Is WOTUS, Redux

Sometimes, history repeats itself. Sometimes, that is not a good thing. After the Obama WOTUS rule was promulgated in 2015, the challenges came fast and furious, and in multiple forums. The Supreme Court, as I put it,...more

Bricker Graydon LLP

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

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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

Nossaman LLP

Redefining Navigable Waters: The Next Frontier of the WOTUS Saga

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In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more

Foley & Lardner LLP

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

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On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

Bilzin Sumberg

Navigable Waters Protection Rule Published in Federal Register

Bilzin Sumberg on

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 “Rule”) in the Federal Register.  ...more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

EPA and Army Corps of Engineers New “Waters of the U.S.” 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

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

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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 Shaw LLP

Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”

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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 “impermissibly expanded the definition of...more

WilmerHale

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

WilmerHale on

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

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