Yesterday, EPA and the US Army Corps of Engineers (together, the Agencies) signed and made available a pre-publication version of the highly anticipated repeal of the 2015 WOTUS Rule, which will place the entire country under the pre-2015 Rule regime while the Trump administration works to complete its replacement WOTUS definition.
Continue Reading Long-Awaited Repeal Rule Ends Patchwork of WOTUS Implementation
Last week, EPA and the Corps issued a long-awaited proposal to redefine the “waters of the US” (WOTUS) subject to federal regulation and permitting requirements under the Clean Water Act. The reach of the CWA is notoriously unclear, but knowing which areas on your property are jurisdictional and will require permits is critical to project planning and timelines. If finalized, the proposed rule would replace the Obama administration’s contentious 2015 WOTUS Rule and eliminate the regulatory patchwork that currently exists as the 2015 WOTUS Rule is being implemented in only certain parts of the country.
Continue Reading EPA and Corps Release Long-Awaited Proposal to Redefine WOTUS
The U.S. EPA and Army Corps of Engineers announced on March 25th a proposed rule revising the scope of waters protected under the Clean Water Act (CWA).
Continue Reading Proposed Rule Defining “Waters of the United States” Announced by EPA and Corps of Engineers
Nationwide permitting for linear projects, relied upon by pipeline operators for construction and maintenance projects, recently survived a challenge from environmental groups. On December 30, 2013, the U.S. District Court for the Western District of Oklahoma ruled against the Sierra Club and other environmental groups in their challenge to the U.S. Army Corps of Engineers’ (Corps) use of Nationwide Permit 12 (NWP 12) for linear utility line projects.
Continue Reading Federal Court Upholds Issuance of Nationwide Permits for Pipeline Construction