H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds – Reflections on Water Podcast
Reflections on Sackett - Reflections on Water Podcast
Balado continuité – Environnement : nouveautés du régime d’autorisation québécois
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
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
On June 26, 2025, the Florida Governor signed the Mitigation Banks bill (SB492/HB1175) into law. This new law significantly updates the state's wetland mitigation banking program, impacting how mitigation credits are...more
On June 24, 2025, Massachusetts Governor Maura Healey introduced a bill titled, "An Act to Build Resilience for Massachusetts Communities" (MassReadyAct), proposing nearly $3 billion in bond authorizations for financing...more
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
Expansive changes to New York’s Freshwater Wetlands Permitting Program took effect on January 1, 2025, increasing regulated freshwater wetlands. The changes came after the New York State Department of Environmental...more
Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more
The United States Environmental Protection Agency (“EPA”) and Space Exploration Technologies Corp. (“SpaceX”) entered into a January 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more
The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more
As previously described in a Jan. 12, 2024 legal alert and a July 12, 2024 legal alert, the New York State Department of Environmental Conservation (DEC) promulgated amendments to freshwater wetlands regulations, changing 6...more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more
Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more
The Wharf District Council recently released its “District Protection and Resiliency Plan.” My immediate reaction is just a quiet OMG regarding the size of the task. Of course, that’s no excuse for inaction and I found the...more
The United States Army Corps of Engineers (St. Paul District) (“Corps”) issued a June 6th decision that revokes a previously suspended Section 404 Clean Water Act Permit for the NewRange Copper Nickel Company (“NewRange”). ...more
Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more
Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more
The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more
The United States Army Corps of Engineers (Little Rock District)(“Corps”) issued an August 24th Public Notice referencing Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act permit...more
The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”)...more
A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more
Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more
A United States District Court (N.D. Ohio) (“Court”) addressed in a September 9th Order an issue involving the Section 404 Clean Water Act wetland permitting program. See Friends Mahoning River v. U.S. Army Corps of...more
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more
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