EPA and Corps Issue Rule Redefining “Waters of the United States” under Clean Water Act
On November 17, 2025, the Environmental Protection Agency and Corps of Engineers announced a proposed rule redefining "waters of the United States" (WOTUS) under the Clean Water Act (CWA). The proposal aims to align the agencies’ CWA regulations with the Supreme Court's decision in Sackett v. EPA, 598 U.S. 651 (2023), which limited federal regulation to “relatively permanent” waters with a “continuous surface connection” to traditional navigable waters and “adjacent” wetlands actually abutting those waters.
The proposal would define key terms from the Sackett decision... Read Full ArticleGeorgia Hotel to Develop Wetlands After 11th Circuit Dismissal
A federal appeals court ruled Tuesday that environmental groups failed to establish the contested area as federal waters covered under the Clean Water Act. The US Court of Appeals for the Eleventh Circuit upheld the dismissal of a lawsuit brought by the Glynn Environmental Coalition and the Center for Sustainable Coast against Sea Island Acquisition LLC, finding the wetland’s proximity to a salt marsh and a creek wasn’t “sufficiently indistinguishable” for CWA protections.
Go to Article at Bloomberg Law11th Circ. Upholds Toss of Sea Island Clean Water Act Suit
The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States."
Go to Article at Law360Michael Creswell Joins Jones Fortuna as Senior Counsel
We’re pleased to announce that Michael Creswell has joined Jones Fortuna as Senior Counsel. Michael brings nearly 20 years of federal environmental regulatory experience, having served in senior legal roles at both the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.
Read Full ArticleSt. Simons Island Wetland Fails Federal Protection Test
A federal appeals court has shut down an environmental challenge to development of a wetland on St. Simons Island, ruling the property falls short of protection under a test recently created by the U.S. Supreme Court.
Go to Article at Atlanta Journal ConstitutionAri Gordin Explains Significance of Federal Court Decisions Upholding Water Supply Reallocation at Allatoona Lake
Jones Fortuna attorney Ari Gordin wrote about the firm's victory in litigation with Alabama over the Alabama-Coosa-Tallapoosa (ACT) River Basin, a contested interstate river basin that has been at the center of the decades-long "water wars" among Georgia, Florida, and Alabama. The article was published in The Foundation for Natural Resources and Energy Law’s Water Law Newsletter.
Go to Article at Foundation for Natural Resources & Energy Law: Water Law NewsletterLand deal ends controversial mining fight near Georgia’s Okefenokee Swamp
A contentious, years-long fight over a proposed mine next to one of the South’s last truly wild places ended abruptly Friday, when a nonprofit group announced it would spend nearly $60 million to acquire thousands of acres of land near the Okefenokee National Wildlife Refuge in rural Georgia.
Go to Article at Washington Post$60M deal blocks mine near Georgia’s Okefenokee Swamp
A high-profile, yearslong fight over a proposal to mine near the nation’s largest blackwater swamp in Georgia has come to an end. The Conservation Fund, a nonprofit that buys at-risk lands for preservation, announced Friday that it paid about $60 million to buy land adjacent to the Okefenokee National Wildlife Refuge where Twin Pines Minerals was pushing to mine for titanium
Go to Article at E&E NewsCorps Seeks Comments on Proposed Changes to Clean Water Act Nationwide Permits and Regional Conditions
On June 18, 2025, the U.S. Army Corps of Engineers proposed to revise and reissue its Nationwide Permits (NWPs) under the Clean Water Act. NWPs are general permits that provide streamlined federal authorization for categories of activities in jurisdictional wetlands, streams, and other waters — offering a more efficient and cost-effective alternative to individual Section 404 permits. For many development projects, they are the only practical path forward, though many project proponents continue to face delays receiving Corps approvals under the NWPs.
Read Full ArticleUSFWS Seeking Comments on Endangered Species Act Voluntary Conservation Programs
Today, the U.S. Fish and Wildlife Service requested public input to improve the efficiency and effectiveness of its voluntary conservation programs under Section 10(a) of the Endangered Species Act. Voluntary conservation programs provide crucial regulatory certainty for landowners seeking to manage lands containing listed and candidate species. This appears to be a genuine opportunity to influence how these programs operate.
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