Developers' permitting, mitigation requirements in flux now that EPA 'Waters of U.S.' rule on hold

On August 28, 2015, the Waters of the U.S. ("WOTUS") rule, which determines what waters are subject to the federal Clean Water Act, went into effect.

On October 9, just six weeks later, an appellate court halted implementation of the rule while legal challenges to the rule were resolved in the courts.

Most significant for Florida, the WOTUS rule would decide what waters are considered federal wetlands. Such wetlands require a permit from the Corps before they can be altered, and also involve review under the Endangered Species Act.

Developers' permitting, mitigation requirements in flux now that 'Waters of U.S.' rule on holdGunster attorney Greg Munson told Law360 earlier this year that the rule will require more water be categorized as “waters of the U.S.” and thus developers in the state will be subjected to federal permitting and mitigation requirements more often than they already are.

The court’s stay may only be in place for a matter of weeks, however, until it determines whether it had jurisdiction to enter the stay. If the court concludes it lacks such jurisdiction, then the stay will be dissolved while the litigation continues.

The Oct. 9 ruling raises real questions about whether the rule will ultimately survive the court’s scrutiny.

Find out more on this topic:

Image courtesy of tharkul @ FreeDigitalPhotos.net

Our attorneys keep clients in the know when it comes to how the law affects business. Read Gunster’s blog for timely and important updates on legal and business matters, straight from our attorneys to you.

Recent Posts

Popular Categories

Jump to Page

Gunster Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek