The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more
On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.”...more
In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more
As the state with the second longest coastline (8,436 miles) and the second largest number of islands (about 4,500 that are 10 acres or larger), Florida is certain to experience significant impacts from rising sea levels due...more
The Supreme Court determined in Sturgeon v. Frost that the Nation River, located near Alaska’s eastern border, is not public land for purposes of regulation by the National Park Service (NPS). This case arose due to a...more
Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general...more
On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, No. 17-949, holding that the federal government does not own a navigable water that traverses a national park in Alaska, so the water is not “public land” under...more
Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more