Environmental and Natural Resources

So, What Exactly Is A Water Of The U.S.?

by Patrick J. Paul The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust.  The Supreme Court’s 2006 decision in Rapanos v. U.S. epitomized the challenges in finding consensus on […]

November 3, 2021 | 3 min read | Tagged: Corps Clean Water Rule, EPA, Navigable Waters Protection Rule, Pasqua Yaqui, substantial nexus, WOTUS

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Patrick J. Paul, P.C. Partner

Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision

by Patrick J. Paul On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) work on a replacement […]

July 19, 2021 | 2 min read | Tagged: Clean Water Act, Navigable Waters Protection Rule, NWPR, Waters of the United States

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Patrick J. Paul, P.C. Partner

EPA to Revisit Clean Water Act WOTUS Rule

by Patrick J. Paul On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps of Engineers (Corps) announced their intent to revise the definition of “waters of the United […]

June 14, 2021 | 2 min read | Tagged: Clean Water Act, Navigable Waters Protection Rule, NWPR, Waters of the United States, WOTUS

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Patrick J. Paul, P.C. Partner