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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 Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 18, 2023, Consolidated Opinion whether certain Louisiana wetlands were subject to Clean Water Act jurisdiction. See Lewis v....more
Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more
On August 29, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of water of the United States (WOTUS) that significantly curtails the agencies’ authority...more
Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more
The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more
On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...more
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
The U.S. Supreme Court's October 2022 term began with a bang: a new Justice on the bench, the public back in the courtroom for the first time since the pandemic - and two hours of argument about the scope of federal...more
On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more
In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more
On January 23, 2020, the Department of the Army Corps of Engineers and the U.S. Environmental Protection Agency finalized a rule redefining the scope of federal regulatory jurisdiction over “waters of the United States.” ...more
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
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
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
February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more
The American Fisheries Society (“AFS”) referenced on February 5th the publication of a paper titled: Headwater Streams and Wetlands are Critical for Sustaining Fish, Fisheries, and Ecosystem Services (“Paper”)...more