News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Rule Rulemaking Process

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

Snell & Wilmer

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

Snell & Wilmer on

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

(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

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

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Williams Mullen

Fate of “Waters of the United States” Rulemaking Now Even Murkier

Williams Mullen on

The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more

Perkins Coie

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

Holland & Knight LLP

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Latham & Watkins LLP

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

Latham & Watkins LLP on

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S....more

Williams Mullen

Clean Water Rule Gets Doused

Williams Mullen on

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

Best Best & Krieger LLP

Sixth Circuit Issues Nationwide Stay of EPA Waters of the United States Regulation

Best Best & Krieger LLP on

The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August - In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...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

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