On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more
Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more
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
On September 8, 2023, the United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, the Agencies) published a final rule (Agency Rule) to amend the definition of “waters of the...more
The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more
On May 25, the Supreme Court of the United States significantly narrowed the scope of wetlands protected by the Clean Water Act (CWA or Act). The Court held that only wetlands indistinguishable from Waters of the United...more
On May 25, the Supreme Court of the United States (SCOTUS) made its final decision on a long-running case that will redefine the power and authority that the United States Environmental Protection agency (EPA) will have to...more
The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more
The United States Supreme Court decided last week in Sackett v. Environmental Protection Agency that a word does not mean what the dictionary, Congress, or two federal agencies have for 45 years understood it to mean....more
In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more
The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the wetlands in the United States. (Sackett...more