McAfee & Taft RegLINC - May 2011

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INSIDE THIS ISSUE:

2 Attempt to regulate nondischarging CAFOs rejected again

3 U.S. Department of Transportation unveils pipeline safety initiative

SIDEBAR

4 Oklahoma’s proposed regional haze SIP revision rejected by EPA

5 Exemptions and enforcement of SPCC regulations

6 EPA solicits comment on proposed construction general permit

7 Aftershocks

Excerpt from Article: New guidance on identifying waters protected by the Clean Water Act By Robert J. Joyce

On April 27, EPA issued a draft of its controversial new Guidance on Identifying Waters Protected by the Clean Water Act (“Guidance”). The guidance is the latest effort by EPA and the Army Corps of Engineers (the “Agencies”) to put their gloss on recent Supreme Court decisions defining the Clean Water Act’s (“CWA”) core jurisdictional focus - “waters of the United States.” The new guidance would supersede two earlier guidance documents issued in 2002 and 2008 under the Bush Administration, and purportedly embodies “lessons learned since 2008” and “reflects the agencies’ understandings with respect to CWA jurisdiction.” As expected, the guidance is proving to be extremely controversial.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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