Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
H2-OWOW! â A Reflective Conversation with John Goodin, Former Director of EPAâs Office of Wetlands, Oceans, and Watersheds â Reflections on Water Podcast
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As referenced in last monthâs publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more
Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of âwaters of the United Statesâ (or âWOTUSâ) in the wake of the...more
After more than 50 years, EPA and the Army Corps of Engineers (âthe Agenciesâ) continue to struggle to find a durable definition of âwaters of the United Statesâ (âWOTUSâ) in the Clean Water Act, leaving the regulated...more
On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define âwaters of the United Statesâ (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by...more
The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more
On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced a proposed rule to revise the definition of Waters of the United States (WOTUS). According to the agencies, the...more
Like everything else today, the definition of âWaters of the United Statesâ (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more
We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more
The Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act....more
The United States Environmental Protection Agency (âEPAâ) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (âWOTUSâ)....more
The scope of the Clean Water Act (âCWAâ) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
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 âwaters of the United Statesâ (WOTUS) (â2018...more
In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Actâs definition of âwaters of the United States,â (WOTUS), clawing...more
On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) announced new rule language to replace the Obama Administrationâs 2015 Clean Water Rule...more
In order to solicit input on a proposed regulatory change, the Environmental Protection Agency (âEPAâ) has issued a supplemental notice seeking comment for the revised âwaters of the United Statesâ rule (also known as the...more
Thereâs yet more breaking news on the Trump administrationâs efforts to clarify the scope of the federal governmentâs Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S....more
The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled âThe Appropriate Role of States and the Federal Government in Protecting Groundwater.â Persons providing testimony included...more
A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more
The United States Environmental Protection Agency (âEPAâ) issued a February 20 Federal Register Notice requesting comments on the agencyâs previous statements regarding the Clean Water Act and: . . . whether pollutant...more
Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively âAgenciesâ) July 27th, 2017 proposed rule titled: Waters...more
The U.S. Army Corps of Engineers and the Environmental Protection Agency will hold nine teleconferences to solicit public comments and recommendations on revising the definition of "Waters of the United States" under the...more
Recently, the U.S. Environmental Protection Agency and Army Corps of Engineers published a proposed rule that re-codifies a decades-old definition of âwaters of the United States,â which are waterbodies that are subject to...more
On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration âwaters of the United Statesâ or âWOTUSâ rule. The proposed...more