Environmental

Recent Posts

Waters of the United States – D.C. Circuit Home Builders II Opinion
Posted on 18 Aug 2015 by Steptoe & Johnson PLLC

Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop. It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior... Read More

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water
Posted on 1 Jul 2015 by Ballard Spahr LLP

By Brendan K. Collins and Michael C. Duffy The final Waters of the United States rule, jointly proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers last spring, was signed on May 26, 2015, and aims to clarify... Read More

Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule
Posted on 21 Jul 2015 by GreenbergTraurig

More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit... Read More

Waters of the U.S. Rule on Nationwide Hold
Posted on 26 Oct 2015 by Ballard Spahr LLP

The U.S. Court of Appeals for the Sixth Circuit has stayed nationwide application of a controversial rule designed to clarify what water bodies and wetlands are subject to federal Clean Water Act regulation in a 2-1 decision, [subscribers can access an... Read More

U.S. EPA and the Army Corps Finalize Much-Anticipated “Waters of the United States” Definition
Posted on 10 Jul 2015 by Foley & Lardner LLP

On May 27, 2015, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) issued a highly anticipated revision to the federal definition of “waters of the United States.” By expanding... Read More

Federal Court Preliminarily Enjoins EPA and Army Corp Waters of the United States Final Rule
Posted on 18 Sep 2015 by Duane Morris LLP

On August 27, 2015, a federal district judge in North Dakota, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army... Read More

EPA and Corps Define “Waters of The United States”
Posted on 21 Jul 2015 by Williams Mullen

By: Channing J. Martin EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean... Read More

EPA Enjoined From Enforcing New WOTUS Rules
Posted on 17 Nov 2015 by Steptoe & Johnson PLLC

Last month, the United States Circuit Court of Appeals for the Sixth Circuit, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], pushed aside jurisdictional questions and issued a stay, effective nationwide, blocking... Read More

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition
Posted on 9 Jul 2015 by Foley & Lardner LLP

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United... Read More

New EPA and USACE Regulations Revise Definition of "Waters of the United States"
Posted on 13 Oct 2015 by LexisNexis Insurance Law Newsroom Staff

By Mr. Ken Bogdan and Mr. Al Herson Under Clean Water Act (CWA) Section 404, the US Army Corps of Engineers (USACE) must issue a permit for discharges of dredged or fill material into "waters the United States" (WOTUS). On June 29, 2015... Read More

Clean Water Rule Opens Litigation Floodgates
Posted on 13 Jul 2015 by Williams Mullen

By A. Keith "Kip" McAlister, Jr. With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the... Read More