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Regulatory Reform › Clean Water Act › Real Estate Development

Holland & Knight LLP

California's Summer Blockbuster, Continued!: Newly Enacted Non-Housing CEQA Reforms

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Senate Bill (SB) 131 includes important California Environmental Quality Act (CEQA) exemptions for qualified advanced manufacturing projects, health centers and rural clinics, childcare centers, food banks, farmworker...more

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

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

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Akerman LLP

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

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Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

Lowndes

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

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After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

Quarles & Brady LLP

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

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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

Mintz

Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California

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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

Womble Bond Dickinson

Supreme Court Takes Up Clean Water Act Case, May Settle ‘WOTUS’ Definition

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On January 24th, the U.S. Supreme Court granted Certiorari in Sackett, Michael, et ux. v. EPA, et al. on the limited question of “[w]hether the Ninth Circuit set forth the proper test for determining whether wetlands are...more

Nossaman LLP

Template for Mitigation Banking Instruments in California to be Revised

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On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more

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