The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”). This is a...more
8/31/2023
/ Amended Rules ,
Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Real Estate Development ,
Regulatory Reform ,
Sackett v EPA ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more
9/9/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Navigable Waters ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Vacated ,
Waters of the United States ,
Wetlands
Yesterday, a federal judge vacated the Trump Administration's Navigable Waters Protection Rule (“NWPR”) that had narrowed the scope of federal jurisdiction over wetlands. ...more
On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more
On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register. ...more
4/23/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Federal Register ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more
1/27/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Manufacturing Facilities ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Originally Published in Law360 on March 28, 2013.
Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more