On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more
9/7/2023
/ Administrative Procedure Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Land Developers ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On May 25, 2023, the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying and narrowing the reach of federal jurisdiction under the Clean Water Act (“CWA”). For decades, confusion has persisted...more
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more
1/11/2023
/ Clean Water Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Federal Register ,
Joe Biden ,
New Rules ,
Preemptive Challenges ,
Rapanos v US ,
Sackett ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more