On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more
8/30/2023
/ Administrative Procedure Act ,
Amended Rules ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Navigable Waters ,
Sackett v EPA ,
SCOTUS ,
Substantial Nexus ,
US Army Corps of Engineers ,
Waters of the United States
On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more
On October 13, 2021, Ohio EPA issued its water quality certification pursuant to Section 401 of the Clean Water Act for the 41 nationwide permits (NWPs) that are currently set to expire on March 18, 2022.
NWPs offer a...more
On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more
9/7/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Obama Administration ,
Remand ,
Trump Administration ,
US Army Corps of Engineers ,
Vacated ,
Waters of the United States ,
Wetlands
On June 9, 2021, the Biden administration announced its intent to repeal and replace the Trump administration’s 2020 Navigable Waters Protection Rule, which defines which waterbodies constitute “waters of the United States”...more
The U.S. Army Corps of Engineers (Army Corps) issued its final rule on January 13, 2021, modifying and reissuing 12 existing nationwide permits (NWPs) and issuing four entirely new NWPs, which went into effect on March 15,...more
Update: On September 15, 2020, the Army Corps published a notice of proposed rulemaking in the Federal Register (85 FR 57298) for the reissuance and modification of its Nationwide Permits....more
On August 3, 2020, the U.S. Army Corps of Engineers announced a proposal to renew and revise its 52 nationwide permits and issue five new nationwide permits. Nationwide permits, which are general permits that authorize work...more
Update June 29, 2020: On June 25, 2020, Ohio EPA issued the Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. ...more
Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more
6/18/2020
/ Article III ,
Clean Water Act ,
Constitutional Challenges ,
Endangered Species Act (ESA) ,
Energy Projects ,
Equitable Relief ,
Injunctions ,
Irreparable Harm ,
Keystone XL Pipeline ,
Motion To Stay ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
SCOTUS ,
US Army Corps of Engineers ,
Vacatur
Update May 29, 2020: On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit issued an order denying the appellants’ emergency motions for a partial stay of the district court’s April 15, 2020, and May 11, 2020,...more
Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more
5/19/2020
/ Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
General Permit ,
Keystone XL Pipeline ,
Nationwide Permits (NWPs) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Oil & Gas ,
Pipelines ,
Surface Water ,
US Army Corps of Engineers ,
Vacated ,
Webinars
On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more
5/11/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On April 15, 2020, the U.S. District Court for the District of Montana issued an order with potentially broad-sweeping implications for energy-related projects across the country. ...more
4/21/2020
/ Endangered Species Act (ESA) ,
Energy & Climate Debates ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Keystone XL Pipeline ,
Oil & Gas ,
Real Estate Development ,
Remand ,
Urban Planning & Development ,
US Army Corps of Engineers ,
Vacated
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 Administration’s 2015 Clean Water Rule...more