The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more
On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more
The Environmental Protection Agency announced March 10 it will be revising the definition for the Waters of the United States Rule (WOTUS). In a news release it said, “[t]he agencies will move quickly to ensure that a revised...more
With its opinion in San Francisco v. EPA, the U.S. Supreme Court has again acted to "right" the implementation of the federal Clean Water Act by overturning a U.S. Court of Appeals for the Ninth Circuit interpretation of the...more
On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
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
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
Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...more
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
The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived. First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more
In what has already been a major year for the Clean Water Act, there’s now another attempt to redefine its scope. On October 17, the Clean Water Act of 2023 was introduced by ranking member of the House Committee on...more
On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more
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
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 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
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
The United States Environmental Protection Agency and the United States Corps of Engineers (collectively “EPA”) issued a pre-Federal Register publication final rule on August 29th revising the Clean Water Act definition of...more
Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of a challenge to EPA's eighth attempt to determine the reach of the Clean Water Act. ...more
The United States Environmental Protection Agency and the United States Department of the Army Corps of Engineers (collectively “EPA”) announced that they are developing a rule to amend the final “revised definition of waters...more
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
On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more
A DC Circuit decision related to the US Environmental Protection Agency’ (EPA) hydroflurocarbons (HFC) phase out illustrates that federal regulations face significant scrutiny when reviewed in court even where the regulations...more
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
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