On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published their proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). Following more than a decade of litigation and WOTUS “repeal and replace” rulemaking, the current administration promotes
Agricultural Law Weekly Review—November 25, 2025
Webinar Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application
WOTUS: EPA, Army Corps Publish New ‘Waters of the United States’ Definition 
On November 20, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule
Petitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance Designation
As previously reported, the U.S. Chamber of Commerce and two other trade groups have challenged EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. On November 14, 2025, petitioners filed their Joint Reply Brief in the U.S. Court of Appeals for the D.C. Circuit, again urging the court to vacate EPA’s Final
Streamlining LNG Oversight: FERC’s Next Evolution in Part 157 Approach
On November 20, 2025, the Federal Energy Regulatory Commission issued a Notice of Inquiry (Docket No. RM26-2-000) asking whether operators of liquefied natural gas (LNG) plants should be allowed to perform certain maintenance, repair and upgrade activities without filing a new application under the Natural Gas Act, as is currently the case. The proposal parallels
Ninth Circuit Pauses Looming California SB 261 Compliance Deadline; CARB Clarifies Related Guidance
On Nov. 18, 2026, the United States Court of Appeals for the Ninth Circuit issued a preliminary injunction enjoining the enforcement of California’s SB 261, which had an initial compliance deadline of Jan. 1, 2026. The same day, the California Air Resource Board (CARB) issued updated guidance concerning its rule-making efforts for both SB
Ninth Circuit Enjoins California Climate Risk Disclosure Law as CARB Moves Forward with Implementation
For companies assessing their compliance obligations under California’s climate disclosure laws, the whirlwind of legal developments, shifting implementation guidance from the California Air Resources Board (CARB), and uncertainty about the laws’ applicability and substantive compliance obligations continues to present challenges.Continue Reading ›
Wildlife Agencies Issue Four Proposed Rules to Revert Endangered Species Act Practices to 2019 Interpretations
On Nov. 21, 2025, the U.S. Fish and Wildlife Service (FWS) released four proposed rules to revise its Endangered Species Act (ESA) implementing regulations, all of which would apply only prospectively. 90 Fed. Reg. 52587, 52592, 52600, 52607. FWS crafted two of the proposed rules jointly with the National Marine Fisheries Service (NMFS), the agency
Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 Rules
This article was republished in the December 2025 edition of E-Outlook, the Environmental & Natural Resources Section of the Oregon State Bar’s newsletter.
This week, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized,
Decree Establishes Administrative Facilities for the Regularization of Concession and Assignment Titles of National Waters in Mexico
On Oct. 28, 2025, Mexico’s Head of the Executive Power, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree establishing administrative facilities for the regularization of concession and assignment titles granted to users of national waters. In line with the National Water Plan 2024-2030, the Decree aims to establish a procedure
Navigating a New WOTUS Definition: Agencies Redefine the Line
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