Tag Archives: WOTUS

SCOTUS Provides Pathway to Courts’ Challenging Army Corps’ Wetlands Calls

Access to courts to resolve disputes early on in a permitting process is critical for land use projects in terms of time- and cost-savings. In Army Corps of Engineers v. Hawkes, issued on May 31, 2016, the U.S. Supreme Court effectively agreed by ruling that a permit applicant need not await the completion of the … Continue Reading

Heading Into Muddied Waters

August 28, 2015, was the effective date of a new regulation that many argue expands permitting requirements for project development and other activities near or in waterbodies. The U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“USACE”) rewrote the definition of “Waters of the United States” (“WOTUS”) under the federal Clean Water Act … Continue Reading