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Waters of the United States Environmental Policies NPDES

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

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Comments Addressing Potential Revisions

The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

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In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Dorsey & Whitney LLP

The Supreme Court Update - March 4, 2025

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The Supreme Court of the United States issued one decision today: City and County of San Francisco v. EPA, No. 23-753: This case concerns the interpretation of the federal Clean Water Act (“CWA”) and its National...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (November 2024)

Welcome to the November edition of Nutter's Environment & Energy Insights, a monthly update of current trends in environment and energy law.  What a Second Trump Presidency Could Mean for Massachusetts' Energy and Environment...more

Pillsbury - Gravel2Gavel Construction & Real...

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

Ward and Smith, P.A.

WOTUS Encore: The Fate of the Navigable Waters Protection Rule and Implications for Groundwater

Ward and Smith, P.A. on

It seems like yesterday, but it was actually last summer when the United States Environmental Protection Agency and Army Corps of Engineers published the Navigable Waters Protection Rule, effective June 22, 2020 (the "Rule")....more

Ward and Smith, P.A.

Replacing the Clean Water Rule – Is the Dance Really Over?

Ward and Smith, P.A. on

On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by...more

Snell & Wilmer

Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

Snell & Wilmer on

here is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant to the hyperbolic, and the...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

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On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Robinson & Cole LLP

Plugging Holes in the Clean Water Act: EPA and ACOE Release their Proposed Replacement Rule Defining “WOTUS”

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On December 11, 2018, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced proposed changes to the agencies’ definition of “waters of the United States” (WOTUS). This...more

Downey Brand LLP

U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and...

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On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more

Williams Mullen

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

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A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

Brownstein Hyatt Farber Schreck

Discharge Permits Not Required to Transfer Water: Court Upholds EPA Rule

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling confirming the legality of the Environmental Protection Agency’s (“EPA’s”) Water Transfers Rule in Catskill Mountains Chapter of Trout...more

Holland & Knight LLP

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To...

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On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

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