H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds – Reflections on Water Podcast
Reflections on Sackett - Reflections on Water Podcast
Balado continuité – Environnement : nouveautés du régime d’autorisation québécois
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of “waters of the United States” (or “WOTUS”) in the wake of the...more
After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more
On Monday, March 24, 2025, the U.S. Environmental Protection Agency (the “EPA”) and the U.S. Army Corps of Engineers (the “Corps”) issued a Federal Register Notice soliciting stakeholder feedback concerning the implementation...more
On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more
On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more
The United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “EPA”) issued guidance on March 12th entitled: Memorandum To The Field Between The U.S. Department Of The Army,...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
The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more
Expansive changes to New York’s Freshwater Wetlands Permitting Program took effect on January 1, 2025, increasing regulated freshwater wetlands. The changes came after the New York State Department of Environmental...more
Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more
The United States Environmental Protection Agency (“EPA”) and Space Exploration Technologies Corp. (“SpaceX”) entered into a January 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more
The Nature Conservancy (TNC), a global environmental nonprofit founded in 1951, is offering grants of up to $50,000 across Long Island and New York State to support conservation and climate adaptation initiatives, with a...more
As we enter what we hope will be a bountiful new year, 2025 may prove to be the annus horribilis for floodplain development in Oregon. Due to recent litigation concerning FEMA’s National Flood Insurance Program (NFIP), as of...more
The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more
Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more
The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more
As previously described in a Jan. 12, 2024 legal alert and a July 12, 2024 legal alert, the New York State Department of Environmental Conservation (DEC) promulgated amendments to freshwater wetlands regulations, changing 6...more
Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more
The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps of Engineers' "dredge and fill" permitting responsibilities under Section 404 of the...more
After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more
The Subcommittee on Water Resources and Environment of the United States House of Representatives Transportation and Infrastructure Committee held a September 11th hearing titled: Waters of the United States Implementation...more
The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a September news release announcing funding for the Agricultural Conservation Easement Program (“ACEP”) for fiscal year 2025....more
A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more
In January 2024, New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least...more
As someone who grew up in Southwest Colorado, Ayden Crosby's great reporting on Silverton's efforts to grapple with wetlands issues after Sackett v. EPA hits close to home and highlights the impacts on local communities who...more