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Environmental Policies Wetlands

Pierce Atwood LLP

Streamlining Environmental Permitting: MassReadyAct's Proposed Impact on Massachusetts Development

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On June 24, 2025, Massachusetts Governor Maura Healey introduced a bill titled, "An Act to Build Resilience for Massachusetts Communities" (MassReadyAct), proposing nearly $3 billion in bond authorizations for financing...more

Allen Matkins

2025 Land Use, Environmental & Natural Resources Update

Allen Matkins on

California stands at a pivotal juncture in 2025, confronting an array of environmental and housing challenges. As usual, the California State Legislature is considering numerous strategies to address these issues. This year’s...more

Allen Matkins

Beyond Sackett: California’s Expanding Role in Wetlands Permitting and the Future of “Waters of the State”

Allen Matkins on

California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Comments Addressing Potential Revisions

The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more

Ward and Smith, P.A.

Navigating Wetlands in Coastal North Carolina Real Estate Development

Ward and Smith, P.A. on

The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

Maynard Nexsen

EPA to Hold Listening Sessions for Stakeholders on Implementation of Sackett

Maynard Nexsen on

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Offit Kurman

NYDEC Expands its Jurisdiction over Wetlands

Offit Kurman on

Expansive changes to New York’s Freshwater Wetlands Permitting Program took effect on January 1, 2025, increasing regulated freshwater wetlands. The changes came after the New York State Department of Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Expedited Wetland Permitting/U.S. Army Corp of Engineers: 690 Permits Reclassified as Energy Emergencies (Including 3 Arkansas...

Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more

Schwabe, Williamson & Wyatt PC

OP-ED: Wading Through Changes: Floodplain Development in Oregon

As we enter what we hope will be a bountiful new year, 2025 may prove to be the annus horribilis for floodplain development in Oregon. Due to recent litigation concerning FEMA’s National Flood Insurance Program (NFIP), as of...more

Cole Schotz

Blogs | Environmental Coming This Summer! NJDEP’s New Climate Regulations Will Affect More Than The Jersey Shore

Cole Schotz on

The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Transition Team: Association of Clean Water Administrators/National Association of Clean Air...

Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more

Mayer Brown

New Legislative Rules Seek to Improve Brazilian Biodiversity

Mayer Brown on

The biodiversity matter has been on the agenda of the Federal Government and, recently, four biodiversity-related legislation were published in the Official Gazette: Federal Decree No. 12,017/2024; and Resolutions No....more

Williams Mullen

Carolinas Environmental Legislative Update

Williams Mullen on

Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Carlton Fields

In Debate Over High Court Wording, 'Wetland' Remains Murky

Carlton Fields on

The U.S. Supreme Court significantly reduced the scope of Clean Water Act regulation over wetlands last year in Sackett v. Environmental Protection Agency. Originally Published in Law360. ...more

Allen Matkins

California Environmental Law & Policy Update 4.26.24

Allen Matkins on

The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

Holland & Knight LLP

Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

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The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more

Mintz

EPA's Safer Communities by Chemical Accident Prevention Rule will almost certainly be challenged and EPA is the underdog in the...

Mintz on

EPA picked another Clean Water Act fight with the United States Supreme Court last week and I don't understand why EPA thinks it is a fight it can win. As many of you know, the jurisdictional reach of the Clean Water Act is...more

Verrill

Massachusetts’ Resiliency Push Continues with Proposed Waterways Rules

Verrill on

Last month, the Massachusetts Department of Environmental Protection (MassDEP) extended the comment period for amendments it proposed in December 2023 to the Massachusetts Waterways Regulation, 310 CMR 9.00. Peter Vetere...more

Keating Muething & Klekamp PLL

Predictions for 2024 on Federal Wetland Jurisdiction after Sackett and Regulation Amendments

Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

Verrill on

In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Forest Preservation: North Carolina Governor Signs Executive Order Addressing Conservation/Restoration

North Carolina Governor Roy Cooper executed February 12th Executive Order (“EO”) that is titled: An Order to Protect and Restore North Carolina’s Critical Natural and Working Lands See Executive Order No. 305....more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Verrill

MassDEP Proposes New Coastal Floodplain Standards to Improve Climate Resiliency

Verrill on

There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more

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