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US Supreme Court Issues Decision in Sackett v. EPA Clean Water Act Case

Today, the U.S. Supreme Court issued its long-awaited decision in the Sackett v. EPA case, in which it narrowed the test for determining whether wetlands are subject to federal jurisdiction under the Clean Water Act, thereby...more

Ohio's New Ephemeral Stream Law

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

U.S. Supreme Court accepts WOTUS jurisdictional question

On January 24, 2022, the U.S. Supreme Court granted a petition for a writ of certiorari in Sackett v. EPA (case no. 21-454) regarding the question,“[w]hether the Ninth Circuit set forth the proper test for determining whether...more

Federal court vacates and remands Trump administration federal wetlands rule

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

Army Corps announces proposal to reissue and modify nationwide permits (UPDATED)

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

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

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

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