Federal Judge Strikes Down Trump Administration’s Federal Wetlands Regulations Rule

Bilzin Sumberg Publication
Client Alert
August 31, 2021
Yesterday, a federal judge vacated the Trump Administration's Navigable Waters Protection Rule (“NWPR”) that had narrowed the scope of federal jurisdiction over wetlands. The order, from the U.S. District Court for the District of Arizona, applies nationwide and brings a swift end to the NWPR, even as the Biden administration has begun the process of reworking the regulation. Judge Rosemary Marquez found “fundamental, substantive flaws” with the NWPR and said that it was in conflict with the 1972 Clean Water Act. She warned of the “possibility of serious environmental harm” if the NWPR remained in place.

Agencies must now enforce an earlier 1986 rule, as interpreted by the U.S. Supreme Court’s 2006 Rapanos v. United States decision (and its “significant nexus” test), which imposes more expansive federal jurisdiction over wetlands than the NWPR. Based on its far-reaching consequences, that will impact a variety of industries and federal and state regulatory agencies, it is very likely that the order will be appealed and a stay requested, though the possible success or timeliness of that request cannot be accurately evaluated at this time. The Arizona case included numerous intervening parties, including among others, the National Sand, Stone, and Gravel Association, who have standing to file such an appeal.
Related Practices
RELATED PEOPLE
Howard E. Nelson
Partner, Head of Environmental Practice
YOU MIGHT ALSO LIKE
Awards December 9, 2025
Bilzin Sumberg is proud to announce that Land Development & Government Relations Partner Anthony De Yurre has been awarded the 2025 Legislative Leadership Award by the Builders Association of South Florida (BASF).
Speaking Engagement December 4th, 2025
Joseph Hernandez moderates a discussion on the forces that are shaping the rapidly expanding luxury condominium market in Palm Beach, as a part of the "Condos! Condos! Condos!— The Innovative, Exciting and Ultra-Luxury Boom" panel at Bisnow's 2025 Palm Beach State of the Market Summit in West ...
Awards December 3, 2025
Bilzin Sumberg Partner Eric Singer has been named as Connect CRE's 2025 Lawyers in Real Estate, recognizing his leadership in high-stakes P3 and mixed-use developments.
VIEW MORE