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WOTUS Update: EPA Seeks Comment on Supplemental Proposal

On September 9, 2026, the Environmental Protection Agency (“EPA”) released a proposed rule to supplement and seek additional public comment on...

Supreme Court Asked to Revisit Definition of WOTUS

The United States Supreme Court is currently considering whether to take up a case from the Second Circuit Court of Appeals...

WOTUS Update: EPA & Corps Propose New Definition

On November 17, 2025, the Environmental Protection Agency (“EPA”) together with the United States Army Corps of Engineers (“the Corps”) announced...

WOTUS Update: Judge Recommends Resolving CWA Dispute in Favor of Landowner Following Sackett Decision

In late September, a federal judge for the Southern District of Florida recommended that an on-going case be resolved in favor...

“Top Ten” Issues in Ag & Env Law: 2023 Edition

In the world of agricultural law, 2023 was a year for significant developments and changes.  In summary below, attorneys at the...

WOTUS Update: EPA Revises 2023 Rule in Light of Sackett Decision

On August 29, 20213, the Environmental Protection Agency (“EPA”) released an updated version of its 2023 rule to define the crucial...

WOTUS Update: U.S. Supreme Court Revisits Wetlands Jurisdiction Under the CWA

On May 25, 2023, the United States Supreme Court released their highly-anticipated opinion in Sackett v. EPA, U.S. (2023), a lawsuit...

WOTUS Update: 2023 Rule Enjoined in 27 States

Update: On May 10, 2023, the Sixth Circuit Court of Appeals issued a ruling enjoining the 2023 WOTUS rule in the...

WOTUS Update: 2022 WOTUS Rule Faces Legal Challenges

In late December 2022, the Environmental Protection Agency (“EPA”) released its long-anticipated final rule to redefine the term “waters of the...

WOTUS Update: EPA Releases Highly Anticipated Final Rule to Redefine “Waters of the United States”

On December 30, 2022, the Environmental Protection Agency  (“EPA”) released its long-awaited rule to redefine the definition of “waters of the...

Treading Water: WOTUS Once Again Before Supreme Court

In January 2022, the United States Supreme Court announced that it would once again hear arguments in the long-running case of...

WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS

On December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the...

WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the...

Arizona Court Vacates WOTUS Rule

UPDATE: Since the court’s ruling was issued, EPA has announced on its website that both it and the U.S. Army Corps of...

WOTUS Update: EPA Makes Announcement, Status Update for On-Going Lawsuits

On June 9, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) released a joint statement announcing...

WOTUS Update: Injunction Issued As Lawsuits Progress

On June 22, 2020, the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) officially went into legal effect. The Navigable Waters...

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WOTUS Update: Navigable Waters Rule Faces Backlash

On April 21, 2020, the Environmental Protection Agency (“EPA”) published the long-awaited Navigable Waters Protection Rule (“Navigable Waters Rule”) in the...

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WOTUS Redefined: EPA Announces Final Rule

The Environmental Protection Agency (“EPA”) has released its much-anticipated replacement for the 2015 Waters of the United States rule (“2015 Rule”)....

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Redefined: WOTUS Controversy Continues

Earlier this year, the Environmental Protection Agency (“EPA”) altered a central component of the Clean Water Act (“CWA”) by once again...