Keith Garner

Keith Garner

Sheppard Mullin Richter & Hampton LLP

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Latest Posts › Clean Water Act


California Proposes Adopting New Permitting Program for Wetlands and Waters of the State

On June 17, 2017, the State Water Resources Control Board (State Board) published proposed amendments to the Ocean Plan and the water quality control plan for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean...more

6/21/2016 - Clean Water Act Inland Waterways Land-Use Permits Proposed Regulation Water Resources Control Board Wetlands

Corps Proposes Renewal of Nationwide Permits

The U.S. Army Corps of Engineers (“Corps”) has proposed new and revised Nationwide Permits (“NWPs”) for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and...more

6/3/2016 - Clean Water Act Permits Proposed Regulation Public Comment US Army Corps of Engineers Waters of the United States

Jurisdictional Determinations Are Reviewable By The Courts

United States Army Corps of Engineers v. Hawkes Co., Inc. (5/31/16, No. 15-290) - In a widely anticipated decision in the wake of the Sackette v. EPA (132 S.Ct. 1367 (2012) decision, the U.S. Supreme Court decided that...more

6/2/2016 - Administrative Procedure Act Clean Water Act EPA Hawkes Co v United States Army Corps of Engineers Judicial Review Jurisdictional Determination (JD) SCOTUS US Army Corps of Engineers Waters of the United States

Bill to Nullify Clean Water Rule Vetoed

On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under...more

1/22/2016 - Clean Water Act Clean Water Rule EPA Presidential Veto Rapanos v US SCOTUS Stays US Army Corps of Engineers Waters of the United States

District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

8/31/2015 - Administrative Procedure Act Clean Water Act EPA Jurisdiction Preliminary Injunctions Split of Authority US Army Corps of Engineers Waters of the United States

EPA and Corps Issue Rule Defining “Waters of the U.S”

On June 29, 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published a final rule defining “waters of the United States.” The rule becomes effective on August 28, 2015. Because...more

7/1/2015 - Clean Water Act EPA Federal Jurisdiction Final Rules US Army Corps of Engineers Waters of the United States

Utility Pole Not A Point Source Under The Clean Water Act

Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act....more

4/19/2013 - Clean Water Act NPDES Point Sources RCRA Utility Poles

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