News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Rule Final Rules

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

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

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

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 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

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

Perkins Coie

2015 Clean Water Act Rule Repealed

Perkins Coie on

A new final regulation issued on September 12, 2019 by the Environmental Protection Agency and the Army Corps of Engineers repeals the Obama administration’s 2015 “Clean Water Rule,” but does little to clear up the...more

Latham & Watkins LLP

Sixth Circuit Determines it has Jurisdiction to Hear Challenges to the Clean Water Rule

Latham & Watkins LLP on

On February 22, 2016, in a 2-1 decision, the US Court of Appeals for the Sixth Circuit determined it has jurisdiction over the numerous legal challenges to the Clean Water Rule (the Final Rule), thus siding with the position...more

Latham & Watkins LLP

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

Latham & Watkins LLP on

On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more

Williams Mullen

Clean Water Rule Opens Litigation Floodgates

Williams Mullen on

With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the wake...more

K&L Gates LLP

EPA and the Army Corps Issue Final Clean Water Rule, but Does This New “Line in the Water” Clarify, Expand or Narrow Clean Water...

K&L Gates LLP on

On May 27, 2015, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a final rule (the “Clean Water Rule”) redefining the scope of their shared jurisdiction under...more

Burr & Forman

EPA Issues Clean Water Rule Defining Waters Of The United States

Burr & Forman on

On Tuesday, May 26, 2015, EPA issued a long-awaited rule defining “Waters of the United States.” The final rule is available as a prepublication version. Elsewhere, on EPA’s Clean Water Rule webpage, there are a number of...more

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