On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) announced a proposed rule (PR) to revise the definition of “waters of the United States” (WOTUS) by excluding several types of waters from the definition of WOTUS in their respective regulations (40 C.F.R. § 120.2 and 33 C.F.R. § 328.3). This is the sixth proposed change to the WOTUS definition during the past decade. Previous changes to the definition of WOTUS have been the subject of litigation in recent years, and additional litigation challenging these latest proposed revisions may be filed once the proposed rule is finalized. These proposed revisions, if implemented and upheld on appeal, would narrow the applicability of the Clean Water Act. 

Click here to read the full GT Alert.

Photo of Courtney M. Shephard Courtney M. Shephard

Courtney Shephard guides energy companies through complex regulatory landscapes in the Rocky Mountain West. Her experience spans conventional and low-carbon energy production, with a focus on federal regulatory compliance, permitting strategies, and resolving enforcement matters.

At the core of Courtney’s work is her

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Courtney Shephard guides energy companies through complex regulatory landscapes in the Rocky Mountain West. Her experience spans conventional and low-carbon energy production, with a focus on federal regulatory compliance, permitting strategies, and resolving enforcement matters.

At the core of Courtney’s work is her comprehensive approach to environmental compliance. She adeptly maneuvers through complex federal mandates—including NEPA, Clean Air Act, and Endangered Species Act requirements—and handles federal administrative appeals. Her experience includes crafting site-specific development strategies for localized development challenges that with the goal of achieving both environmental protection and development objectives.

Leveraging her background in climate policy analysis, carbon market dynamics, and emissions accounting, Courtney collaborates with clients to develop comprehensive carbon management strategies. Her practice includes methane and CO2 reduction strategies, Class VI storage permitting, and pore space acquisitions. She also represents clients in rulemaking and permitting proceedings before the Colorado Energy & Carbon Management Commission.

Access to adequate water supplies is a common project development challenge in the arid western United States. Courtney has more than a decade of experience working with private and municipal clients to appropriate, buy/sell, change, and protect water rights through private transactions and Colorado water court proceedings.

Courtney’s strategic vision and comprehensive understanding of regulatory frameworks have been instrumental in advancing numerous energy and infrastructure projects throughout the region. Her ability to synthesize complex regulatory requirements with practical business needs make her an asset to clients navigating the ever-changing energy landscape.

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Photo of Ed Roggenkamp Ed Roggenkamp

Ed Roggenkamp is a member of the firm’s Environmental practice in the Washington, D.C. office.

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Photo of Stacey Bosshardt Stacey Bosshardt

With more than two decades of experience, Stacey Bosshardt is a “go to” litigator and strategist for complex environmental, natural resources, and public lands matters, representing mining, transmission, renewable energy, real estate, and governmental clients in high-stakes litigation and regulatory challenges throughout the…

With more than two decades of experience, Stacey Bosshardt is a “go to” litigator and strategist for complex environmental, natural resources, and public lands matters, representing mining, transmission, renewable energy, real estate, and governmental clients in high-stakes litigation and regulatory challenges throughout the country. She is recognized for her courtroom advocacy and her ability to help clients in litigation brought in an emergency posture; she has represented clients in dozens of motions for preliminary injunctive relief and related appellate proceedings. Stacey also advises clients during the permitting process, drawing on her experience defending project decisions in court to create the most favorable record possible in the event a lawsuit is filed.

Stacey’s practice focuses on cases involving major federal environmental statutes, including the National Environmental Policy Act (NEPA), Endangered Species Act, National Historic Preservation Act, Clean Water Act, Federal Land Policy Management Act, Mineral Leasing Act, and Administrative Procedure Act. She is a frequent speaker and author on environmental and administrative law topics. Stacey regularly has handled litigation challenging permits, approvals, and plans for transmission lines, renewable energy facilities, pipelines, mining operations, real estate developments and major infrastructure projects. She also represents state transportation agencies.

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