James Potter

James Potter

Nexsen Pruet, PLLC

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Updates on Environmental, Administrative and Regulatory Law: EARL e-News: EPA Strengthens Power Plant Water Discharge Regulations

On September 30, 2015, the EPA finalized a revision to its wastewater effluent standards for power plants. The new regulation (which takes effect sixty days after Federal Register publication of the revision) updates a 1982...more

10/9/2015 - Amended Regulation Effluent Limitations EPA Final Rules Operational Permits Pollution Control Power Plants Toxic Chemicals Wastewater

EARL e-news: Update 2 on WOTUS: Updates on Environmental, Administrative and Regulatory Law

The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that...more

9/9/2015 - Clean Water Act EPA Injunctive Relief Waters of the United States Wetlands

EARL e-News: Update on New Clean Water Act Rule - Updates on Environmental, Administrative and Regulatory Law

On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take...more

8/31/2015 - Clean Water Act EPA Preliminary Injunctions Waters of the United States

EARL e-News: EPA Updates its Audit Disclosure Policy

In April 2000, the EPA issued its "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," 65 Federal Register 19, 618 (4/11/2000) (known as The Audit Policy). The purpose of a company's...more

6/3/2015 - EPA Self-Disclosure Requirements

EPA, Corps of Engineers Issue New Clean Water Act Rule

On May 27, 2015 the EPA and the Corps of Engineers issued a prepublication version of its final rule to define "waters of the United States" 40 CFR 230. Soon the final rule will be published in the Federal Register and will...more

5/28/2015 - Clean Water Act EPA Final Rules US Army Corps of Engineers Waters of the United States

EARL e-News: EPA Finalizes Cooling Water Intake Rule for Existing Facilities - Updates on Environmental, Administrative and...

After almost twenty years of signing a consent decree and subsequent litigation, the EPA finalized, on May 19, 2014, a regulation on cooling water intakes for existing power plants and for large existing manufacturers. New...more

5/22/2014 - Energy Policy Environmental Policies EPA Power Plants Water

EARL e-News: EPA Raises Certain Environmental Penalties

Updates on Environmental, Administrative and Regulatory Law - On November 6, 2013 the United States Environmental Protection Agency (EPA) gave notice in the Federal Register of a final rule in which certain...more

11/11/2013 - Environmental Claims EPA Inflation Adjustments

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

5/16/2013 - Discharge of Pollutants EPA Permits Section 404

Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction...

The South Carolina Department of Health and Environmental Control (SCDHEC) has been delegated authority by the EPA to regulate stormwater discharges due to construction activities. An earlier 2006 General Permit is expiring...more

5/10/2013 - Construction Site EPA Permits Storm Water

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