News & Analysis as of

Water Quality Wetlands

Allen Matkins

Beyond Sackett: California’s Expanding Role in Wetlands Permitting and the Future of “Waters of the State”

Allen Matkins on

California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

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

U.S. Environmental Protection Agency Transition Team: Association of Clean Water Administrators/National Association of Clean Air...

Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more

Polsinelli

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

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Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more

Verrill

MassDEP Proposes New Coastal Floodplain Standards to Improve Climate Resiliency

Verrill on

There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more

Williams Mullen

North Carolina’s Wetlands Saga is Over (for now)

Williams Mullen on

As a result of the North Carolina Farm Act of 2023 (Session Law 2023-63), North Carolina’s Department of Environmental Quality (NCDEQ or the Department) may now only regulate wetlands that are subject to federal Clean Water...more

Downey Brand LLP

Biden Administration Finalizes Waters of the United States Rule in Latest Move Involving Ongoing Water Quality Saga

Downey Brand LLP on

On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

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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

Woods Rogers

2021 Virginia General Assembly Session Highlights Energy and Environmental Issues

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Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection...more

Stoel Rives - Environmental Law Blog

SWRCB Releases Draft Implementation Guidance Regarding the Procedures for Discharges of Dredged or Fill Material

On February 14, 2020, the State Water Resources Control Board (SWRCB) published Draft Guidance for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Draft...more

Downey Brand LLP

State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May...

Downey Brand LLP on

On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). Consequently, the...more

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

Highly Erodible Land Conservation and Wetland Conservation Compliance Provisions: U.S. Department of Agriculture Interim...

On Friday December 7, 2018, the United States Department of Agriculture (USDA) published in the Federal Register an interim rule for the Highly Erodible Land Conservation and Wetland Conservation Compliance regulations of the...more

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

Access to Water Quality Data: Louisiana Department of Environmental Quality Launches New/Improved Water Data Portal

The Louisiana Department of Environmental Quality (“LDEQ”) issued a news release announcing the development of a new water data portal. LDEQ describes it as a “forward-thinking, user-friendly approach to water data....more

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

Water Quality Certification Improvements Act of 2018: Association of State Wetland Managers/Association of Clean Water...

The Association of State Wetland Managers (“ASWM”) and Association of Clean Water Administrators (“ACWA”) (collectively “Associations”) transmitted a September 6th letter to the Chairman and Ranking Minority Member of the...more

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

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th (REMINDER)

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

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

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Holland & Knight LLP

West Coast Real Estate Update: January 2017 #2

Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

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