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“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“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

Another U.S. Supreme Court Decision Strikes Down a Waters of the United States Rule

The United States Supreme Court released in May an opinion in Sackett v. EPA (styled Sackett II), in which the Court unanimously held that the Environmental Protection Agency (EPA) overstepped its jurisdiction in classifying...more

WOTUS Definition Just Months Before Supreme Court Ruling ‘Digs Same Hole’ of 50-Year Debate

When you find yourself digging the same hole and getting nowhere, quit digging. At least, that is what rational logic would dictate. On December 30, 2022, the U.S. EPA and the U.S. Army Corps of Engineers (collectively,...more

U.S. Supreme Court Reinstates Environmental Regulation Related to the States’ Enforcement Rights Under the Federal Clean Water Act

SCOTUS Shadow Docket Reinstates Trump-Era Clean Water Act Rule - In a 5-4 decision, the United States Supreme Court reinstated a Trump-era environmental regulation related to the States’ enforcement rights under the federal...more

EPA’s Adoption of Arizona Court’s Ruling on NWPR May Immediately Impact Wetland Permitting Requirements

An Arizona District Court's recent ruling has effectively eliminated the Trump-era Navigable Waters Protection Rule (NWPR) on a nationwide scale and could dramatically alter the Federal 404 wetland dredge-and-fill permit...more

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