The proposed rule would scale back federal jurisdiction under the Clean Water Act.
By Nikki Buffa, John C. Heintz, Michael G. Romey, Jennifer K. Roy, Lucas I. Quass, and Samantha Yeager
On November 17, 2025, the United States Environmental Protection Agency (EPA) and the Department of the Army, Corps of Engineers (USACE) (together with EPA, the Agencies) announced a proposed rule that would revise the definition of “waters of the United States” (WOTUS) under the
The agency’s actions have significant implications for the domestic carbon capture and storage industry.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, Nolan Fargo, and Samantha Yeager
In the same week, the US Environmental Protection Agency (EPA) took two rulemaking actions with significant implications for the domestic carbon capture and storage (CCS) industry. On September 12, 2025, EPA proposed repealing the Greenhouse Gas Reporting Program (GHG Reporting Program), under which CCS projects report their emissions
The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, and Samantha Yeager
The US Environmental Protection Agency (EPA) has proposed a significant regulatory change that could expedite permitting for Underground Injection Control (UIC) wells in Arizona. A proposed rule published on May 19, 2025, would grant the Arizona Department of Environmental Quality (ADEQ) primary enforcement authority, or “primacy,”
Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California.
By Mike Romey, Lucas Quass, Nolan Fargo, Cody Kermanian, and Samantha Yeager
Following consecutive years of heavy rainfall, California experienced record heat and dry conditions during the summer of 2024, which led parts of the state back into drought. Despite late 2024 storms in Northern California, January 2025 saw statewide precipitation fall below
The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes.
By Michael G. Romey, Benjamin D. Gibson, Lucas I. Quass, Phil Goldberg, and Cody M. Kermanian
On March 4, 2025, the US Supreme Court issued its decision in City and County of San Francisco v. Environmental Protection Agency, 145 S.Ct. 704 (2025), which held that while the Clean Water Act (CWA) authorizes the inclusion of narrative (non-numeric) criteria
State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience.
By Michael G. Romey, Lucas I. Quass, John Detrich, Cody M. Kermanian, and Julie Miles
The winter of 2022-23 brought historic levels of precipitation to California after years of deep drought, dwindling reservoirs, and groundwater depletion. In the first quarter of 2023, most of the state received rainfall exceeding historic averages, with some areas experiencing 200%, or even 300% of average levels. According to the US Drought Monitor, the state is currently drought-free, although some regions are still considered abnormally dry. Despite heavy precipitation over the past year, California’s drought resilience remains in question, as critical infrastructure projects face staunch opposition and climate change increases the likelihood of extreme and prolonged droughts. Regulators and water managers had a busy 2023 as they grappled with persistently low groundwater levels, planned for additional water storage and conveyance, and continued to advance water conservation initiatives.
This blog post summarizes key actions taken by state and federal officials in 2023 with respect to California’s water supply and provides an outlook for 2024.
The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance.
By Michael G. Romey, Lucas Quass, and Peter R. Viola
On May 25, 2023, by a narrow 5-4 majority, the US Supreme Court ruled in Sackett v. EPA that the Clean Water Act (CWA) only extends to wetlands that have a “continuous surface connection” with “waters of the United States” (WOTUS) — the term in the CWA’s definition of “navigable waters” that determines the jurisdiction of the US Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) (together, the Agencies) over projects and other activities requiring permits to dredge, fill, or discharge into federally protected waters.[1]
The record-low health advisories form part of the EPA’s 2021 PFAS Strategic Roadmap, which forecasts further regulatory action at both state and federal levels.
By Julia Hatcher, Kegan A. Brown, Thomas C. Pearce, Taylor West, Andy Landolfi, and Phil Sandick
On June 15, 2022, the United States Environmental Protection Agency (EPA) issued interim, updated drinking water health advisories (HA) for two of the most common per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).[1] EPA also issued two final HAs for perfluorobutane sulfonic acid and its potassium salt (PFBS) and hexafluoropropylene oxide and its ammonium salt (GenX).[2]
Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist.
By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass
This year has been critically dry and hot for California, resulting in déjà vu as the federal and state governments reinstituted drought conservation measures not seen since former California Governor Jerry Brown declared an end to the last drought in 2017. This blog post summarizes the key federal and state actions that have been taken to address California’s drought over the past year, along with potential implications for 2022.