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US Supreme Court Upends Wetlands Regulatory Regime

The U.S. Supreme Court issued its long-awaited decision yesterday in the case of Sackett v. EPA, upending wetland regulation nationwide and dealing a significant blow to the Biden Administration’s rulemaking to define the...more

Back to the Future: The Biden Administration Releases Final WOTUS Rule

On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

EPA Draft Guidance on County of Maui, Hawaii v. Hawaii Wildlife Decision

Today, the Environmental Protection Agency (“EPA”) published notice of draft guidance (the “Draft Guidance”) intended to assist regulated entities and permitting authorities in applying the United States Supreme Court’s...more

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