• Posts by Dietrich C. Hoefner
    Associate

    Dietrich anticipates changes in regulatory focus and provides clients real-time, practical advice and guidance.

    Dietrich Hoefner is a lawyer in the firm’s Regulatory and Government Practice Group. Dietrich's practice focuses on federal and state administrative and regulatory law ...

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On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government Defendants”) 2020 “Navigable Waters Protection Rule” (“NWPR”), finding that the NWPR had “fundamental, substantive flaws that cannot be cured without revising or replacing the NWPR’s definition of ‘waters of the United States.’”

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The opinion resolves the key legal issue in a citizen suit brought by a number of environmental interest groups alleging that Maui County, Hawaii, requires a CWA permit in connection with discharges of treated sewage into groundwater.

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Southern District of Texas Remands Obama WOTUS Rule The U.S. District Court for the Southern District of Texas decided on May 28, 2019, that the Obama-era Clean Water Rule defining “waters of the United States” (WOTUS Rule), see 80 Fed. Reg. 37,054 (June 29, 2015), must be remanded to the U.S. Environmental Protection Agency.

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