News & Analysis as of

Waters of the United States Rulemaking Process Clean Water Act

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

Carlton Fields

Trump Administration’s Clean Water Act Regulations Ebb Into View

Carlton Fields on

The Trump administration’s strategy regarding the scope of the “waters of the United States,” which defines the geographic jurisdiction of the Clean Water Act, is coming into focus, but true clarity appears a long way off. ...more

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

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

Cozen O'Connor on

A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Snell & Wilmer

Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

Snell & Wilmer on

As referenced in last month’s 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

Maynard Nexsen

EPA to Hold Listening Sessions for Stakeholders on Implementation of Sackett

Maynard Nexsen on

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 “waters of the United States” (or “WOTUS”) in the wake of the...more

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

King & Spalding on

After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Beveridge & Diamond PC

EPA Seeks Stakeholder Feedback for Implementation of WOTUS

Beveridge & Diamond PC on

On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back...more

Holland & Hart LLP

Key Takeaways from the EPA and the Corps' New WOTUS Guidance Memo

Holland & Hart LLP on

On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Memorandum Addressing...

The United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “EPA”) issued guidance on March 12th entitled: Memorandum To The Field Between The U.S. Department Of The Army,...more

Snell & Wilmer

Federal Agencies to Revise Waters of the United States Rule

Snell & Wilmer on

The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more

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

Water Quality Standards/Arkansas Pollution Control and Ecology Rule 2: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...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

Holland & Hart LLP

New WOTUS Rule Significantly Narrows Federal Jurisdiction under Clean Water Act

Holland & Hart LLP on

On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...more

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

Akerman LLP on

Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

Sullivan & Worcester on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Bracewell LLP

Biden Administration Finalizes Redefinition of "Waters of the United States"

Bracewell LLP on

On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more

Mintz

When it comes to the reach of the Federal Clean Water Act, is rule making a way to find common ground and, if so, why hasn't it...

Mintz on

Yesterday EPA Assistant Administrator for Water Radhika Fox told an EPA Advisory Committee EPA remains committed to using Federal rule making to find "common ground" respecting the reach of the Federal Clean Water Act. ...more

Nossaman LLP

EPA Announces Regional WOTUS Roundtables

Nossaman LLP on

On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

Stinson LLP on

On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Burr & Forman

The Continuing WOTUS Saga

Burr & Forman on

On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

Nossaman LLP on

On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

Snell & Wilmer

So, What Exactly Is A Water Of The U.S.?

Snell & Wilmer on

The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

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