On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) announced a proposed rule (PR) to revise the definition of “waters of the United States” (WOTUS) by excluding several types of waters from the definition of WOTUS in their respective regulations (40 C.F.R. § 120.2 and 33 C.F.R. § 328.3). This is the sixth proposed change to the WOTUS definition during the past decade. Previous changes to the definition of WOTUS have been the subject of litigation in recent years, and additional litigation challenging these latest proposed revisions may be filed once the proposed rule is finalized. These proposed revisions, if implemented and upheld on appeal, would narrow the applicability of the Clean Water Act. 

Click here to read the full GT Alert.

Tags: Clean Water Act, EPA, GT Insight, wotus
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Photo of Courtney M. Shephard Courtney M. Shephard

Courtney Shephard guides energy companies through complex regulatory landscapes in the Rocky Mountain West. Her experience spans conventional and low-carbon energy production, with a focus on federal regulatory compliance, permitting strategies, and resolving enforcement matters.

At the core of Courtney’s work is her

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Courtney Shephard guides energy companies through complex regulatory landscapes in the Rocky Mountain West. Her experience spans conventional and low-carbon energy production, with a focus on federal regulatory compliance, permitting strategies, and resolving enforcement matters.

At the core of Courtney’s work is her comprehensive approach to environmental compliance. She adeptly maneuvers through complex federal mandates—including NEPA, Clean Air Act, and Endangered Species Act requirements—and handles federal administrative appeals. Her experience includes crafting site-specific development strategies for localized development challenges that with the goal of achieving both environmental protection and development objectives.

Leveraging her background in climate policy analysis, carbon market dynamics, and emissions accounting, Courtney collaborates with clients to develop comprehensive carbon management strategies. Her practice includes methane and CO2 reduction strategies, Class VI storage permitting, and pore space acquisitions. She also represents clients in rulemaking and permitting proceedings before the Colorado Energy & Carbon Management Commission.

Access to adequate water supplies is a common project development challenge in the arid western United States. Courtney has more than a decade of experience working with private and municipal clients to appropriate, buy/sell, change, and protect water rights through private transactions and Colorado water court proceedings.

Courtney’s strategic vision and comprehensive understanding of regulatory frameworks have been instrumental in advancing numerous energy and infrastructure projects throughout the region. Her ability to synthesize complex regulatory requirements with practical business needs make her an asset to clients navigating the ever-changing energy landscape.

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Photo of Ed Roggenkamp Ed Roggenkamp

Ed Roggenkamp is an environmental attorney with over a decade of experience resolving complex litigation and regulatory matters. In his litigation practice, Ed uses his skills as a former professional actor and teacher to help his clients in court by crafting a compelling

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Ed Roggenkamp is an environmental attorney with over a decade of experience resolving complex litigation and regulatory matters. In his litigation practice, Ed uses his skills as a former professional actor and teacher to help his clients in court by crafting a compelling story for the judge or jury and explaining complex technical concepts so that they are easy to understand. His litigation practice has included challenges to environmental impact reviews for infrastructure projects under the National Environmental Policy Act (NEPA) and its state equivalents, cases seeking recovery of remediation costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related state statutes and common-law torts, toxic tort claims, and enforcement actions and citizen suits under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and other environmental statutes. Ed has been lead counsel on CERCLA cases through summary judgment, and has deep experience with all aspects of discovery, including work with expert witnesses, taking and defending depositions, motion practice, and settlement negotiations.

Ed advises project developers and financing parties on siting and permitting requirements for infrastructure and energy projects, including both renewable and traditional electricity generation, and has advised a renewable industry trade association on the application of NEPA, the Endangered Species Act, and the Marine Mammal Protection Act to offshore wind development. Ed advises clients on the environmental aspects of corporate transactions and project development, such as pre-purchase environmental due diligence (Phase I/Phase II reports), indemnity provisions, representations and warranties relating to environmental matters, brownfield redevelopment, and regulatory compliance. He has advised on numerous transactions involving the energy sector, including power purchase agreements for utility-scale solar, purchases and sales of fossil-fuel-fired power plants, wind farms, and proposed offshore wind developments on the East Coast, and NEPA review and protected species mitigation measures for electric transmission lines. Ed’s extensive litigation experience helps him to advise clients on ways to reduce litigation risk during the siting and permitting phase of project development. His government service includes advising on NEPA and National Historic Preservation Act compliance for clean energy and infrastructure projects, including electric transmission lines, industrial redevelopment projects, and hydroelectric generation incentives.

Ed has worked extensively with technical and scientific experts in both litigation and development work. In the litigation context, this has focused on the remediation of real estate contaminated by historic industrial operations. He has experience with the remediation of chlorinated solvents, metals, petroleum products, and other contaminants of concern, and with the remediation of manufactured gas plants, municipal landfills, petroleum storage sites, mine tailings, and industrial sites in various sectors including automobiles, pharmaceuticals, textiles, and dyes. In the litigation context, this has included both affirmative and defensive work with environmental experts such as engineers and toxicologists, and non-environmental experts such as property appraisers and commercial leasing experts.

Outside of litigation, Ed has experience in NEPA review for electric transmission lines and offshore wind farms, and has also advised on best practices for aligning the environmental impact review process with the requirements of NEPA in order to minimize litigation risk and public opposition. He has also worked alongside environmental engineers to guide the remediation of contaminated real estate, in order to help his clients seeking minimize health risks and remediation costs, avoid liability, comply with state brownfield cleanup program requirements, proactively take steps to increase the likelihood of recovering costs from insurers and other liable parties.

Ed has presented regularly on a wide variety of environmental and energy law issues, and spent several years as the primary editor of the climate change and Clean Air Act section of a legal treatise on environmental enforcement.

Prior to joining Greenberg Traurig, Ed served as an attorney-advisor for the Office of the Assistant General Counsel for Environment at the U.S. Department of Energy.

Ed's Linkedin Profile
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Photo of Stacey Bosshardt Stacey Bosshardt

With more than two decades of experience, Stacey Bosshardt is a “go to” litigator and strategist for complex environmental, natural resources, and public lands matters, representing mining, transmission, renewable energy, real estate, and governmental clients in high-stakes litigation and regulatory challenges throughout the…

With more than two decades of experience, Stacey Bosshardt is a “go to” litigator and strategist for complex environmental, natural resources, and public lands matters, representing mining, transmission, renewable energy, real estate, and governmental clients in high-stakes litigation and regulatory challenges throughout the country. She is recognized for her courtroom advocacy and her ability to help clients in litigation brought in an emergency posture; she has represented clients in dozens of motions for preliminary injunctive relief and related appellate proceedings. Stacey also advises clients during the permitting process, drawing on her experience defending project decisions in court to create the most favorable record possible in the event a lawsuit is filed.

Stacey’s practice focuses on cases involving major federal environmental statutes, including the National Environmental Policy Act (NEPA), Endangered Species Act, National Historic Preservation Act, Clean Water Act, Federal Land Policy Management Act, Mineral Leasing Act, and Administrative Procedure Act. She is a frequent speaker and author on environmental and administrative law topics. Stacey regularly has handled litigation challenging permits, approvals, and plans for transmission lines, renewable energy facilities, pipelines, mining operations, real estate developments and major infrastructure projects. She also represents state transportation agencies.

Read more about Stacey BosshardtStacey's Linkedin Profile
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