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Final Rules Wetlands

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

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

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Carlton Fields

In Debate Over High Court Wording, 'Wetland' Remains Murky

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The U.S. Supreme Court significantly reduced the scope of Clean Water Act regulation over wetlands last year in Sackett v. Environmental Protection Agency. Originally Published in Law360. ...more

Roetzel & Andress

Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA

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On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more

Goldberg Segalla

EPA Redefines ‘Waters of the United States’ to Conform with Supreme Court Decision

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On August 29, the Environmental Protection Agency announced its final rule amending its definition of “waters of the United States.”  This new definition was written to conform with the Supreme Court’s May 24, 2023 ruling in...more

Harris Beach PLLC

Federal Government Expands Scope of Regulated Wetlands

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The U.S. Army Corps of Engineers (“Corps”) and the U.S. Environmental Protection Agency (“EPA”) have adopted a final rule re-defining the scope of the “waters of the United States” (“WOTUS Final Rule”) subject to federal...more

Husch Blackwell LLP

EPA Publishes Final Rule Revising Definition of “Waters of the United States”

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On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

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Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Pierce Atwood LLP

EPA and U.S. Army Corps Finalize Rule Establishing (For Now) Federal Authority Over Wetlands

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more

Holland & Hart LLP

Back to the Future: The Biden Administration Releases Final WOTUS Rule

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On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more

Jenner & Block

EPA and the Army Corps Finalize WOTUS Rule, Again

Jenner & Block on

On December 30, 2022, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Army Corps”) announced they had finalized the rule establishing the definition of “waters of the United States”...more

Adams and Reese LLP

NWPR Update: EPA Proposes New Old Wetland Rule; The Clock is Now Ticking for Florida’s Developers

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An Arizona district court decision right before Labor Day effectively put the pre-2015 wetlands jurisdiction rule back in effect for most states, eliminating changes made under both the Obama and Trump administrations. (See...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

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

National Priority List/Superfund: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more

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

Highly Erodible Land and Wetland Conservation Compliance Provision: U.S. Department of Agriculture Issues Final Rule

The United States Department of Agriculture (“USDA”) published an August 28th Federal Register Notice and issued a final rule addressing the highly Erodible Land and Wetland Conservation provisions of the Food Security Act of...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

Sheppard Mullin Richter & Hampton LLP

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more

Beveridge & Diamond PC

New WOTUS Rule Clarifies Clean Water Act Jurisdiction, Awaits Litigation

On January 23, 2020, the U.S. Environmental Protection and U.S. Army Corps of Engineers finalized a long-awaited new rule redefining the term “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The Agencies...more

Hogan Lovells

The Clean Water Act "WOTUS" Rule: A long and winding river

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The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more

Burr & Forman

EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters

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On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as the latest attempt to define the phrase “waters of the...more

Bracewell LLP

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

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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

Bilzin Sumberg

Changes to the Clean Water Act's "Waters of the United States" Rule

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 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more

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