Clean Water – Environmental and Energy Law Program

Regulatory Tracker

Defining Waters of the United States (WOTUS)

Following a 2023 Supreme Court decision, the Biden administration revised the definition of WOTUS. In November 2025, EPA and the Army Corps proposed a rule to update and narrow the definition of WOTUS.

November 17, 2025

Regulatory Tracker

The Dakota Access Pipeline (DAPL)

The pipeline is operational but lacks a key Army Corps permit. The Corps intends to publish a final EIS in 2025.

November 5, 2025

Regulatory Tracker

Power Plant Effluent Limits

The Biden EPA strengthened final effluent limits for wastewater discharges from steam power plants in May 2024. The Trump EPA slated the rule for rollback.

October 2, 2025

Regulatory Tracker

PFAS in Drinking Water

Under the SDWA, the Biden EPA set strict standards and requirements for certain PFAS chemicals in public drinking water supplies. The Trump EPA is delaying compliance deadlines for two of those Biden-era SDWA rules and working to rescind four others.

September 11, 2025

CleanLaw Podcast

CleanLaw — Bipartisan Reflections on EPA’s Past, Present, and Future (Part II)

Jody, Bill, and Christine discuss how bipartisan progress on environmental and public health issues was possible during their time at EPA, and the importance of scientific expertise.

July 31, 2025

Regulatory Tracker

Bristol Bay and the Pebble Mine

The Biden EPA issued a Clean Water Act determination that blocked the Pebble Mine, finding the project would significantly impact the Bristol Bay watershed. A court granted the Trump DOJ’s request to stay litigation challenging that determination.

July 17, 2025

Regulatory Tracker

Section 401 Water Quality Certification

CWA section 401 governs certification of water quality and provides significant latitude to states to decide how to issue certifications. The Biden EPA updated Section 401 implementing regulations, and litigation is ongoing.

January 29, 2025

In the Media

Environmental Law Series: Sackett v. EPA, Water, & Wetlands

October 27, 2023

EELP News

Judicial Destruction of the Clean Water Act: Sackett v. EPA

Professor Richard Lazarus wrote an essay for the University of Chicago Law Review about the Supreme Court’s Sackett v. EPA ruling. In the first part he describes the ruling, reasoning, […]

September 12, 2023