News & Analysis as of

Administrative Procedure Act US Army Corps of Engineers Sackett v EPA

Mintz

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

Mintz on

Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

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When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

Pierce Atwood LLP on

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Vinson & Elkins LLP

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

Vinson & Elkins LLP on

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

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

Bricker Graydon LLP on

On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

Mintz

EPA says we should have its next stab at a Waters of the United States rule in September. What's next?

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Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September.  Assistant Administrator Fox promises that the new regulation...more

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