McAfee & Taft RegLINC - September 2011



1 Long-term reauthorization of CFATS remains uncertain

2 Potential impact on pesticide use in production agriculture

3 PHMSA publishes ANPRM: Safety of gas transmission pipelines NRC’s framework for the EPA’s incorporation of sustainability in principles and decision-making

4 Document destruction – Spoliation or legitimate process?


5 EPA green lights E15 despite resistance from industry groups

Pipeline safety reauthorization

6 Identifying protected waters

7 EPA 2011-2013 enforcement initiatives

8 OSHA ramps up regulatory enforcement, use of general duty clause citations

9 RCRA notice requirements

9 New EPA air regulations proposed for oil and natural gas industry

10 Recent developments under the Clean Water Act

Excerpt from "Identifying protected waters"

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers are in the final stages of updating their Draft Guidance on Identifying Waters Protected by the Clean Water Act (“Guidance”). While the period for public comment was extended from July 1 to July 31, the groups do not anticipate the extension will slow their efforts. Instead, they plan to take into consideration continued stakeholder and public comment while finalizing the update.

The Guidance is not new. Previous guidance on the scope of “waters of the U.S.” was issued in 2003 and 2008 by field staff for use by field staff. The intent was to identify which waters fall within the definition of “waters of the United States” and, therefore, the protection of the Clean Water Act. While not a legal document and not binding on the government, the Guidance provides a framework for application of the law and valuable insight regarding agency staff views of the scope of the protection....

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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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