The Environmental Protection Agency announced March 10 it will be revising the definition for the Waters of the United States Rule (WOTUS). In a news release it said, “[t]he agencies will move quickly to ensure that a revised...more
On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more
On March 12, the Environmental Protection Agency and the Office of the Assistant Secretary of the Army took steps to address lingering questions about the meaning and implementation of “waters of the United States” (WOTUS)...more
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
The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more
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
The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more
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
EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more
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
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