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On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the agencies had finalized earlier this year (the “January 2023 Rule”).

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at fast-tracking the development of high-voltage electric transmission facilities.

On May 25, 2023, the Supreme Court of the United States issued its decision in Sackett v. EPA,¹ clarifying and narrowing the reach of federal jurisdiction under the Clean Water Act.

The Environmental Protection Agency announced it will continue to prioritize enforcement of, and compliance with, the Safe Drinking Water Act and federal drinking water regulations through Fiscal Year (“FY”) 2027, according to a January 12, 2023 notice.

Since 2021, the Administration has released several mapping tools addressing environmental and health impacts on environmental justice (“EJ”) communities.

On Sunday, August 7 the Senate passed the Inflation Reduction Act of 2022 (the Act) as part of the FY 2022 Budget Reconciliation bill.

EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for spills.

On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow for streamlined approval of certain categories of activities that may affect federally jurisdictional waters and wetlands when the effects are no more than minimal.