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EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

EPA Issues Aggressive Interpretation of Maui Supreme Court Decision in Latest Draft Guidance

The U.S. Environmental Protection Agency (EPA or Agency), on November 27, 2023, released its draft guidance addressing its proposed interpretation to apply the Supreme Court decision in County of Maui v. Hawaii Wildlife Fund,...more

EPA Ramps Up Climate Enforcement

Facilities operating across the country need to be prepared for increased climate-driven enforcement at all levels of federal government—especially at the U.S. Environmental Protection Agency (EPA). With EPA’s Climate...more

EPA Issues Clean Water Act Permits Requiring Climate Change Adaptation

As September ended, the U.S. Environmental Protection Agency (EPA)’s Region 1 office took a series of actions signaling the agency’s intention to impose climate change adaptation requirements in National Pollutant Discharge...more

Effective Immediately: Agencies Mirror Sackett Restrictions For WOTUS

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (together, the Agencies) issued a straight-to-final-rule revised definition of “waters of the United States” (WOTUS) on August 29, 2023. This...more

Supreme Court Narrows CWA Jurisdiction Over Waters of the U.S.

On May 25, the U.S. Supreme Court issued its long-awaited decision in Sackett v. EPA, No. 21-454, holding that Clean Water Act (CWA) jurisdiction extends to wetlands only if they have a continuous surface connection to...more

New Enforcement of PFAS Requirements in CWA NPDES Industrial Permit

The U.S. Environmental Protection Agency (EPA) continues to expand its toolbox for addressing PFAS constituents — this time, by branching out into Clean Water Act (CWA) enforcement of industrial permit effluent limitations....more

Clean Water Act Jurisdiction Over Waters of the U.S. Redefined Yet Again

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced a final rule once again updating the definition of “waters of the United States” (WOTUS) and,...more

U.S. Supreme Court Positioned to Finally Resolve Scope of Federal Jurisdiction Over Remote Wetlands

On January 24, 2022, the U.S. Supreme Court (SCOTUS) granted review of Sackett v. EPA, apparently with the sole purpose of deciding once and for all “the proper test for determining whether wetlands are ‘waters of the United...more

Arizona Court Vacates Navigable Waters Protection Rule: What it Means for Your Project

In a recent decision, a federal judge in Arizona vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR) and remanded the rulemaking back to U.S. Environmental Protection Agency and the U.S. Army Corps of...more

Biden Administration Proposes a Reset on Defining “Waters of the U.S.”

Over the past week, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced plans to undo the Trump administration’s Navigable Waters Protection Rule, and take the Biden administration’s next...more

EPA Releases 2022 Construction General Permit for Public Comment

Key Takeaways What Is Happening? The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP), which...more

EPA’s CWA Groundwater Guidance Says Little, Will Likely Be Rescinded

EPA’s recent draft guidance memorandum on applying the Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund, 140 S. Ct. 1462 (2020), provides little clarity for determining when a release to groundwater is the...more

EPA Proposes New, More Flexible Clean Water Act Affordability Guidance for Public Utilities

Public water, wastewater, and stormwater utilities face an array of compliance obligations under the federal Clean Water Act (CWA) that require investment in upgrades and maintenance of critical wastewater infrastructure....more

Department of Justice Issues New Guidance Limiting Federal Clean Water Act Civil Enforcement Overfiling of State Actions

On July 27, 2020, U.S. Department of Justice (DOJ) Assistant Attorney General (AAG) Jeffrey Bossert Clark issued a memorandum setting forth limitations to federal civil enforcement discretion concerning certain Clean Water...more

States Seek PFAS Requirements in Industrial Stormwater General Permit

If three states have their way, EPA’s general permit for industrial stormwater discharges will impose obligations relating to per- and polyfluoroalkyl substances (PFAS). Colorado, Massachusetts, and New Mexico submitted...more

Ninth Circuit Orders EPA to Rule on NRDC Petition to Cancel Pet Use Registration for Organophosphate Pesticide

A long-running dispute between the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDC) moved a step closer to resolution, with the Ninth Circuit U.S. Court of Appeals ordering EPA to...more

SCOTUS: Clean Water Act Permits Required for Some Releases into Groundwater

The U.S. Supreme Court held today, in a much-anticipated ruling, that the Clean Water Act’s (CWA) requirement to obtain a National Pollutant Discharge Elimination System (NPDES) permit, can apply to certain releases of...more

NGOs Seek Court Order Compelling EPA to Respond to Petition for Emergency Rule on COVID-19 Enforcement Discretion

Key Takeaways - • Environmental NGOs plan to heavily scrutinize regulated entities’ compliance and EPA’s handling of non-compliance during the pandemic. ...more

Federal Court Nullifies Clean Water Act General Permit for Pipelines and Other Linear Projects

In an order with serious and immediate national implications for the construction of pipelines, electrical lines, fiber optic cable, and other utility projects, a Montana federal court has vacated Clean Water Act (CWA)...more

EPA Releases 2020 Multi-Sector General Permit for Comment

The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2020 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP), which authorizes stormwater discharges...more

Ruling in First CWA Case to Rely on EPA’s Interpretive Statement on Groundwater Releases

On November 26, a federal district court judge in Massachusetts held that releases of pollutants reaching surface waters through groundwater do not require permits under the Clean Water Act (CWA), “irrespective of any...more

Justices Wrestle with Scope of the CWA’s Permitting Requirement

The Supreme Court of the United States heard oral argument in County of Maui v. Hawai’i Wildlife Fund, No. 18-260, a case in which the justices will decide a key jurisdictional issue under the Clean Water Act (CWA): whether...more

New DOJ Policy Diminishes Use of SEPs in Federal Settlements with State and Local Governments

On August 21, Jeffrey Clark, the Assistant Attorney General (AAG) for the Environment and Natural Resources Division, issued a memorandum diminishing state and local governments’ ability to use supplemental environmental...more

EPA Proposed Regulations Aim to Further Clarify CWA Section 401 Certification Reviews

On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its regulations (40 C.F.R. Part 121) implementing Section 401 of the Clean Water Act (CWA), 33 U.S.C. § 1341. The proposed...more

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