News & Analysis as of

Water US Army Corps of Engineers Wetlands

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

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

Nossaman LLP on

UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Foley Hoag LLP - Environmental Law

The Trump WOTUS Rule Is Vacated; Now We Know What’s Next

Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that question, at least for the...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...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

Allen Matkins

California Environmental Law & Policy Update - January 2021

Allen Matkins on

Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’s...more

Sheppard Mullin Richter & Hampton LLP

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more

Allen Matkins

What to Expect Under California's "New" Dredged or Fill Discharge Procedures

Allen Matkins on

On April 2, 2019, the State Water Resources Control Board (State Water Board) adopted new rules entitled "Procedures for Discharges of Dredged or Fill Material to Waters of the State" (the "Procedures"). The State Water Board...more

Schwabe, Williamson & Wyatt PC

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more

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

Artificial Diversion of Water/Property Damage: New York Appellate Court Considers Whether Nuisance/Trespass Claims are Time-Barred

The New York Supreme Court (Appellate Division) addressed a procedural issue associated with an action seeking damages and injunctive relief involving allegations that defendants were responsible for property damage as a...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...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

King & Spalding

President Obama Signs Water Resources Reform & Development Act of 2014

King & Spalding on

Legislation expands American iron and steel requirement to additional water programs - Earlier today, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”). Today’s action...more

Best Best & Krieger LLP

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...more

Burr & Forman

EPA And The Army Corps Announce A Proposed Rule To Clarify Wetlands And Tributary Jurisdiction

Burr & Forman on

In a news release dated March 25th 2014, EPA and the Army Corps outlined a new proposed joint rule to clarify the scope and definition of the “waters of the United States” under the Clean Water Act in an attempt to address...more

King & Spalding

EPA and U.S. Army Corps of Engineers Propose to Expand Federal Jurisdiction over Waters and Wetlands

King & Spalding on

Expansive New Definition of “Waters of the United States” - On March 25, 2014, the United States Army Corps of Engineers and the United States Environmental Protection Agency, which share jurisdiction under the Clean...more

Burr & Forman

EPA And Corps Of Engineers Propose To Clarify Clean Water Act Jurisdiction

Burr & Forman on

In mid-September, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly submitted a proposed rule to the White House Office of Management and Budget intended to clarify which waters and wetlands are...more

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