News & Analysis as of

Inland Waterways

Benesch

Water Carrier Statutes and Regulations - FMCSA Says "Goodbye" Through Regulatory Reforms

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Water carriers have a moment of clarity on the horizon. An area of conflict between legal jurisdiction and technical obligations is being settled through Trump Administration regulatory reforms....more

Wenning Environmental

Science-Based Targets In Law Are More Important Than Ever

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Science-based targets (SBTs) rely on scientific facts to achieve specific conditions or outcomes. SBTs reflect the best available science and set goals intended to prevent human activities from harming the environment....more

Ice Miller

Navigating Tariffs and Turbulence: How Inland Trade Zones Could Anchor America’s Economic Future

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Last week, a few colleagues and I attended the Transportation Infrastructure Summit in Philadelphia. There, we learned about a variety of innovations in the horizontal infrastructure sector as we prepare for future...more

Benesch

A Primer on U.S. Non-Continuous Domestic Trade

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The U.S. inland waterway system is a critical and underutilized component of the domestic supply chain that serves intrastate commerce and non-contiguous markets originating in or destined for Alaska, Hawaii, and U.S....more

Mayer Brown

ANTAQ Publishes New Guidelines on Transfer of Corporate Control in Port Contracts

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The Brazilian National Agency for Waterway Transportation (ANTAQ) published Resolution No. 128/2025 (RN 128/2025), revising the procedures for the transfer of corporate control under port authority concession contracts, lease...more

Jones Day

German Energy Company Succeeds in Landmark Climate Change Litigation Case

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On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more

Troutman Pepper Locke

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

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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

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

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On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Mayer Brown

Ports & Maritime News | October 21-27, 2024

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The Ports & Maritime team has compiled the sector’s main news for the week of October 21–27 to keep you in the loop.  ...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 10.25.24

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California officials have joined a legal effort to restore water to the Kern River after an abrupt shutoff of water dried up the river and killed thousands of fish in Bakersfield....more

Allen Matkins

California Environmental Law & Policy Update 9.27.24

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ExxonMobil sued by California AG and environmental nonprofits over plastic waste - California Attorney General Rob Bonta and a coalition of environmental nonprofit entities sued ExxonMobil on Monday, accusing the company...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more

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

Americas Most Endangered Rivers: American Rivers 2024 Analysis

The organization American Rivers has issued its annual list of what it describes as “America’s Most Endangered Rivers”. The organization, American Rivers, describes itself as: …championing a national...more

Nossaman LLP

Solar + Water Canals = Win-Win?

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On April 4, 2024, Governor Newsom and the U.S. Bureau of Reclamation (Bureau) announced that the Bureau awarded California $15 million for the Delta-Mendota Canal floating solar project. The project, which is funded through...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

Verrill

Massachusetts’ Resiliency Push Continues with Proposed Waterways Rules

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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

Williams Mullen

Harvesting Timberland in Virginia? Consider Claiming the Riparian Buffer Tax Credit

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Since 2000, the Virginia legislature has granted individual landowners and partnerships up to $17,500 in tax credits for leaving waterway-adjacent stands of trees intact when harvesting timberland. To claim this credit,...more

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

Waters of the United States/Clean Water Act: U.S. House of Representatives Democrats Introduce Legislation Addressing U.S. Supreme...

One hundred eighteen Democratic members of the United States House of Representatives (“House”) introduced legislation titled: Clean Water Act of 2023(H.R. 5983) The stated purpose of H.R. 5983 is to address the...more

Schwabe, Williamson & Wyatt PC

Revised WOTUS Rule Limits Reach of Clean Water Act

Following years of administrative rulemaking and litigation, on September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of waters of the United...more

Jenner & Block

EPA narrows “Waters of the United States” definition following Sackett ruling

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The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more

Vinson & Elkins LLP

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

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On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more

Nutter McClennen & Fish LLP

EPA and Army Corps Amend Clean Water Act’s “Waters of the United States” Rule

On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...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

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