News & Analysis as of

Permits US Army Corps of Engineers Environmental Protection Agency (EPA)

Husch Blackwell LLP

New U.S. Department of the Interior Review Procedures for Activities Related to Wind and Solar Energy

Husch Blackwell LLP on

On July 15, 2025, the U.S. Department of the Interior (DOI) circulated an internal memorandum, requiring 68 different DOI actions related to wind and solar project development to be submitted to the DOI Office of the...more

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

Clean Water Act: U.S. Environmental Protection Agency and Reno, Nevada Master-Planned Community Development Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Nevada Tri Partners, LLC (“NTP”), and Damonte Ranch Commerce Center, LLC (“Damonte”) entered into a July 1st Consent Agreement and Final Order (“CAFO”) addressing...more

Holland & Hart LLP

Key Takeaways from the EPA and the Corps' New WOTUS Guidance Memo

Holland & Hart LLP on

On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more

Clark Hill PLC

Citing Sackett v. U.S., New Mexico Developing NPDES Permit Program Covering Both Federal and State Waters

Clark Hill PLC on

In Sackett v. Environmental Protection Agency, the U.S. Supreme Court held that Clean Water Act-regulated “waters of the United States” (“WOTUS”) are limited to relatively permanent bodies of water connected to traditional...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Nossaman LLP

[Webinar] Dirt in the Ditches: A Practical Look at How the Sackett Decision Affects WOTUS Permitting Nationwide - March 26th,...

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In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more

Lowndes

Florida Applicants in “Regulatory Limbo” after D.C. Court Invalidates Florida’s Section 404 Permitting Authority

Lowndes on

On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more

Mintz

The Judge's decision vacating EPA's approval of Florida's "dredge and fill" permit authority has serious implications for our...

Mintz on

Last week a DC Federal Judge vacated EPA's approval of the State of Florida's application to assume the Army Corps of Engineers' authority to issue “dredge and fill” permits under Section 404 of the Federal Clean Water Act....more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

Holland & Knight LLP on

The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

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

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

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

Northeast Minnesota Mine Project/Clean Water Act: U.S. Corps of Engineers Revokes Section 404 Permit

The United States Army Corps of Engineers (St. Paul District) (“Corps”) issued a June 6th decision that revokes a previously suspended Section 404 Clean Water Act Permit for the NewRange Copper Nickel Company (“NewRange”). ...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

Venable LLP on

On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

Williams Mullen

Wetland Permitting in Virginia Made Murky by New Federal Rules and Corps District Staffing Shortages

Williams Mullen on

A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more

Woods Rogers

Army Corps Changes Course on Jurisdictional Determinations

Woods Rogers on

On January 5, 2022, the U.S. Army Corps of Engineers (“USACE”) quietly released an announcement stating that it will not rely on approved jurisdictional determinations (“AJDs”) issued under the now-vacated Navigable Waters...more

Bracewell LLP

USACE Changes Course on CWA Approved Jurisdictional Determinations

Bracewell LLP on

On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs...more

Woods Rogers

Legal Alert – U.S. Army Corps Pauses Permit Decisions

Woods Rogers on

Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

King & Spalding on

Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

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

Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program: Arkansas Department of Energy and Environment -...

The Arkansas Department of Energy and Environment - Division of Environmental (“DEQ”) has set up an agency task force to potentially seek delegation of the Section 404 Clean Water Act permitting program. The ability of...more

Holland & Knight LLP

Florida Dept. of Environmental Protection Takes Over Federal Wetlands Permit Process in State

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more

Bilzin Sumberg

EPA Approves Florida to Administer Clean Water Act Provision

Bilzin Sumberg on

On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more

Snell & Wilmer

The Rush is On for Jurisdictional Determinations

Snell & Wilmer on

The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. As...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Best Best & Krieger LLP

The EPA’s National Water Reuse Action Plan

Joint Plan Aims to Meet Rising Water Demands - A new National Water Reuse Action Plan focuses on water reuse practices aimed at strengthening water security, sustainability and resilience for both rural and urban...more

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