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.

September 9, 2026

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 Trump EPA proposed a rule to update Section 401 which would limit states’ ability to regulate activities subject to 401 certification.

September 4, 2026

CleanLaw Podcast

CleanLaw — DOJ’s Environment and Natural Resources Division, Past and Present

Erika, Andy, and Sommer talk about their time at ENRD and how recent changes are reshaping the work of “the government’s lawyers.”

August 20, 2026

Regulatory Tracker

The Dakota Access Pipeline (DAPL)

In May 2026, the Army Corps of Engineers granted an easement to Dakota Access, LLC to allow for the pipeline’s crossing beneath Lake Oahe in North Dakota. The easement is subject to additional environmental monitoring conditions.

June 23, 2026

Regulatory Tracker

Power Plant Effluent Limits

The Biden EPA strengthened final effluent limits for wastewater discharges from steam power plants in May 2024. In Oct. 2025, EPA proposed a rule to extend deadlines of the 2024 rule while the agency works on a more comprehensive proposal for revision.

May 18, 2026

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.

April 22, 2026

Quick Takes

Proposed Definition of Waters of the United States

Summary of changes to the rule.

January 8, 2026

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

In the Media
Legal Talk Network

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

October 27, 2023