Navigable Waters Protection Rule Now in Effect

Bilzin Sumberg Publication
Client Alert
June 23, 2020

On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except Colorado.  Last Friday, a California federal judge refused a request submitted by a coalition of 17 states and cities to block implementation of the Rule nationwide.  Nearly simultaneously, however, a federal judge in Colorado issued a preliminary injunction blocking the Rule only in the state of Colorado.  The Rule remains highly controversial and the subject of various lawsuits filed throughout the country, challenging its validity and enforceability. More details on the Rule are discussed in our prior posts:

Related Practices
Howard E. Nelson
Partner, Head of Environmental Practice
Client Alert April 21, 2020
On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register.
Speaking Engagement July 19, 2024
Howard E. Nelson participates on the panel Hot Topics/Emerging Issues In Waste Management at the 38th Annual Environmental Permitting Summer School. The panelists discuss the latest policy changes including new emerging elements for site closures involving Water Management Districts, the effects of ...
Speaking Engagement July 18, 2024
Thomas F. Mullin participates on the panel Keeping Your Eye On The Ball: Scoping The Appropriate Environmental Due Diligence For The Project at the 38th Annual Environmental Permitting Summer School. The panelists discuss appropriate scoping of the environmental due diligence process, taking into co...