Over the past decade, the definition of “waters of the United States” (WOTUS) has shifted repeatedly, creating uncertainty for permitting and project planning. Building on the Supreme Court’s Sackett v. EPA decision, the EPA and the U.S. Army Corps of Engineers (together, the agencies) announced a proposal this week to further refine which water features qualify as WOTUS by narrowing key definitions and codifying — and expanding — exclusions. The proposal would apply across all Clean Water Act (CWA) programs that rely on WOTUS, including permitting under Sections 404 and 402, water quality certifications under Section 401, and Total Maximum Daily Loads (TMDLs) for impaired waters under Section 303. The proposal is directionally deregulatory, meaning fewer waters are likely to be considered federally jurisdictional and therefore regulated. The new definition was published in the Federal Register on Thursday, marking the start of a 45-day public comment period through January 5, 2026. The public comment page can be accessed here.
NYISO Reliability Plan: New York May Require Thousands of Megawatts of Dispatchable Generation by 2034
On Nov. 21, 2025, the Board of Directors of the New York Independent System Operator, Inc. (NYISO), as anticipated, approved the 2025-2034 Comprehensive Reliability Plan (CRP). This blog post highlights two aspects of the CRP that may have significant repercussions related to future electric generation and transmission planning and development. The first relates to
The Never-Ending Rule: EPA and Army Corps of Engineers Propose Narrowing the Post-Sackett Definition of ‘Waters of the United States’
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).
California Climate Disclosure Law SB 261 Implementation Halted: Ninth Circuit Grants Injunction Pending Appeal
We know our clients have been following California’s climate-disclosure laws closely – including the timing of effectiveness and the various legal challenges. This update relates to a new Ninth Circuit ruling that has effectively hit “pause” on one key pillar of California’s climate-disclosure package.
On November 18, 2025, the Ninth Circuit Court granted a partial
CEQA Roundup: November 2025
As we approach the end of the month and the Thanksgiving holiday, without a new published CEQA precedent (yet, anyway) to write about, I thought I’d put together a brief “news roundup” of recent items that could be of interest to readers.
Agency Deference and Natural Resources Damages
In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.
The Release Report #6: Understanding Release Characterization Requirements
This is the sixth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.
The RBCRs require that, following discovery of a release, the “nature and extent of the release must be determined” so an appropriate remediation strategy can be designed and the
New General Permit for Connecticut Remediation Contractors
The Connecticut Department of Energy and Environmental Protection (DEEP) has issued a new general permit for remediation contractors, known as the General Permit to Act as a Contractor to Contain or Remove or Otherwise Mitigate the Effects of Certain Releases (Registered Existing Release Response Contractor) (Remediation GP). This new Remediation GP supplements the well-established
Agricultural Law Weekly Review—November 18, 2025
This Week:
- Nov. 18, AgWorks: I-9 and ICE Raids—Protecting Your Business
- Nov. 21, Understanding the Basics of Cell Cultured Foods & Labeling Laws (free Attorney CLE!)
Local Agricultural Policy: Pennsylvania Legislature Passes 2025–26 State Budget, Governor Signs into Law
On November 12, 2025, Pennsylvania Governor Josh Shapiro approved the 2025–26 State Budget, consisting of
Shale Law Weekly Review—Week of November 17, 2025
Pipelines: FERC Releases Environmental Assessment for the Heartland Project
On October 10, 2025, the Federal Energy Regulatory Commission (FERC) released an environmental assessment prepared for ANR Pipeline Company’s Heartland Project in Wisconsin. The proposal aims to supply up to 473,000 dekatherms per day of additional firm transportation capacity and involves approximately 68.9 miles of new