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Sea Change: Biden Administration Halts Trump-Era Regulation and Expands Clean Water Act Protections

The scope of the Clean Water Act is yet again in flux. In January 2020, the Trump Administration meaningfully restricted what bodies of water are protected under the Clean Water Act by narrowing the Act’s definition of...more

An End to Draining the Swamp? U.S. EPA, Army Corps Announces Intent to Revise Definition of “Waters of the United States”

Yesterday, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to initiate a rulemaking process to promulgate a new definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”)....more

U.S. EPA Formalizes Reversal of “Once In/Always In” Emission Permitting Policy

U.S. EPA’s final rule reversing its 25 year old hazardous air pollutant “once in/always in” policy will soon be published in the Federal Register and will become effective 60 days thereafter. While first announced in a...more

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

Hold Your Water – Navigating the New Rule Defining "Waters of the United States"

On January 23, 2020, the Department of the Army Corps of Engineers and the U.S. Environmental Protection Agency finalized a rule redefining the scope of federal regulatory jurisdiction over “waters of the United...more

Feeling Inundated? EPA Swamps the WOTUS Rule, Proposes New Definition of “Waters of the U.S.”

Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more

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