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The Clean Water Act might now have a broader reach in States that challenged EPA’s and the Corps’ pre-Sackett WOTUS rule than in those that didn’t.

Acoel

In the 27 states where the ninth attempt wasn’t enjoined, EPA and the Corps are going to apply the “pre-2015 regulatory regime” to determine the reach of the Clean Water Act. What does EPA mean when it refers to the “pre-2015 regulatory regime?

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WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

National Law Center

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the. The post WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime appeared first on National Agricultural Law Center.

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U.S EPA and Army Corps Revert Back to Pre-2015 Interpretation of “Waters of the United States”

Vorys Law

EPA’s website indicating the that Agencies have halted implementation of the Navigable Waters Protection Rule and are reverting back to the pre-2015 regulatory regime for interpreting the meaning of “waters of the United States” (WOTUS) subject to federal jurisdiction under the Clean Water Act.

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2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

Acoel

Like a predecessor rule in 2015 which attempted to broaden the definition of WOTUS, numerous states and industry groups have challenged the 2023 WOTUS rule. The court also acknowledged that the Supreme Court is currently considering the scope of jurisdiction under the Clean Water Act. Texas, et al. 3:23-cv-32 (D.N.D.),

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Wetlands Protection Update

Smith Enviorment

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. See State Law: Removing Wetlands from “Waters of the State”.) Farm Act (Senate Bill 582/ Session Law 2023-63). Army Corps of Engineers defining Clean Water Act jurisdiction over streams and wetlands.

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EPA: Capital Region Water Authority Agrees To Make Upgrades To Wastewater Treatment For Harrisburg Area

PA Environment Daily

Environmental Protection Agency and Department of Environmental Protection announced Capital Region Water will make substantial upgrades to the sewer and stormwater systems that serves the Harrisburg area under a proposed modified consent decree.

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Sixth Circuit Will Not Rehear Venue Question in Clean Water Act Rule Dispute

The Energy Law Blog

As a refresher, here are some of the highlights: June 29, 2015: EPA publishes final “Clean Water Rule” setting out a new definition of “Waters of the United States.” July 28, 2015: The Judicial Panel on Multidistrict Litigation consolidates the pending circuit court actions in the Sixth Circuit Court of Appeals.