News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Rule

Mitchell, Williams, Selig, Gates & Woodyard,...

Current/Long-Term U.S. Environmental Protection Agency Clean Water Act Related Rulemakings: Association of Clean Water...

The Association of Clean Water Administrators (“ACWA”) published in its current newsletter a link to described as follows: ACWA rules chart updated to reflect current and long term relevant EPA clean water related actions....more

Mitchell, Williams, Selig, Gates & Woodyard,...

States Inclusion of Climate Adaption/Related Resilience Efforts in their Clean Water State Revolving Fund Intended Use Plans: U.S....

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report titled: Half the States Did Not Include Climate Adaption or Related Resilience Efforts in their Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Guidelines/Meat and Poultry Products Category: Association of Clean Water Administrators Comments Addressing U.S....

The Association of Clean Water Administrators (“ACWA”) submitted March 23rd Comments to a Proposed EPA Rule styled: Clean Water Act Effluent Limitations Guidelines and Standard for the - ...more

Snell & Wilmer

Supreme Court Reinstates Trump Clean Water Rule (For Now)

Snell & Wilmer on

On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects...more

Williams Mullen

Wetland Permitting in Virginia Made Murky by New Federal Rules and Corps District Staffing Shortages

Williams Mullen on

A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more

Latham & Watkins LLP

EPA and Army Corps Seek to Redefine Waters of the United States

Latham & Watkins LLP on

The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more

Snell & Wilmer

So, What Exactly Is A Water Of The U.S.?

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The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more

Sullivan & Worcester

Recent Federal Court Decision May Expedite Next Round of WOTUS Rulemaking

Sullivan & Worcester on

The regulatory definition of "waters of the United States" (WOTUS), a key term in the Clean Water Act (CWA) establishing the scope of federal jurisdiction, once again is changing. The most recent definition, promulgated in...more

(ACOEL) | American College of Environmental...

How Safe is Your WOTUS Harbor?

In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more

Snell & Wilmer

Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision

Snell & Wilmer on

On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States - U.S. EPA/Corps of Engineers Revision of Trump Era Rule: U.S. Senate Environment and Public Works...

Shelley Moore Capito (R-W.Va.) sent a June 21st letter to the United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively “EPA”) on behalf of the Senate Environment and Public...more

Brownstein Hyatt Farber Schreck

EPA to Modify the Navigable Waters Protection Rule

Proposed regulatory changes will increase the extent of lands throughout the country that will be designated, and regulated, as wetlands. On June 9, 2021, the Department of the Army and the Environmental Protection Agency...more

Manatt, Phelps & Phillips, LLP

Curious About the Biden/Harris Environmental Regulatory Agenda? Look No Further Than California

With the 2020 election now called, though yet to be conceded, questions abound as to what the environmental regulatory landscape may look like under a Biden/Harris administration. For California, we don’t expect much of a...more

Schwabe, Williamson & Wyatt PC

Another “New” Era: WOTUS Rule 2020 - Update

Following years of discussion, administrative rulemaking, and multi-state litigation, the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“ACOE”) have published a new regulatory definition of waters of...more

Schwabe, Williamson & Wyatt PC

Another “New” Era: WOTUS Rule 2020

Following years of discussion, administrative rulemaking, and multi-state litigation, the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“ACOE”) have published a new regulatory definition of waters of...more

Spilman Thomas & Battle, PLLC

Navigable Waters Protection Rule (formerly the Clean Water Rule)

On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what...more

Ward and Smith, P.A.

Replacing the Clean Water Rule – Is the Dance Really Over?

Ward and Smith, P.A. on

On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by...more

WilmerHale

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

WilmerHale on

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Perkins Coie

New Regulations Narrow Reach of Clean Water Act

Perkins Coie on

The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more

Perkins Coie

New Regulations Redefine the Scope of the Clean Water Act

Perkins Coie on

The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more

Bracewell LLP

Clean Water Act News: Final Rulemaking Defining Waters of the United States Released

Bracewell LLP on

On January 23, EPA Administrator Wheeler announced the final rulemaking for the revised definition of “Waters of the United States,” a key phrase in the Clean Water Act that delineates the extent of federal jurisdiction over...more

Brownstein Hyatt Farber Schreck

EPA Releases Revised Rule Impacting Federal Jurisdiction Over Waters

On Jan. 23, the U.S. Environmental Protection Agency (EPA) released revised rules defining what constitute waters of the United States under federal Clean Water Act (CWA) jurisdiction. The rule, entitled the Navigable Water...more

Williams Mullen

The Endless Dance: Defining “Waters of the United States”

Williams Mullen on

The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more

Sheppard Mullin Richter & Hampton LLP

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more

Ward and Smith, P.A.

The Longest Dance – The WOTUS Two-Step

Ward and Smith, P.A. on

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more

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