Clean Water Act

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
News & Analysis as of

Summary of FERC Meeting Agenda for January 19, 2017

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Early January Environmental Odds And Ends

“The old order changeth, yielding place to new.” January 2017 has been a very active month, with several important environmental and federal administrative court rulings being issued, and many significant rules being proposed...more

California Environmental Law & Policy Update - January 2017 #2

Environmental and Policy Focus - U.S. Supreme Court to hear Clean Water Act jurisdictional dispute - Reuters - Jan 13 - The U.S. Supreme Court today agreed to resolve a dispute over which court should...more

Minnesota Weekly Legislative Update: Committees Meet for the First Time

Most House and Senate committees met for the first time this past week. Hearings were spent receiving introductory briefings and listening to caucus staff, experts and agencies review the issues each committee is expected to...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

Nationwide Permits Issued and Reissued by the United States Army Corps of Engineers

In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,...more

Fourth Circuit: CWA Permit Shield Requires Compliance with Incorporated Quality Standards

A recent Fourth Circuit decision will have wastewater dischargers taking a closer look at their NPDES permits and state water quality standards. The court of appeals held, in Ohio Valley Environmental Coalition v. Fola Coal...more

New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

Can a discharger violate a general narrative state water quality standard incorporated into its national pollutant discharge elimination system (“NPDES”) permit when the permit does not contain specific numeric effluent...more

EPA FAQ on dam removal projects

The U.S. Environmental Protection Agency has released a document answering "Frequently Asked Questions" about the removal of obsolete dams. As noted by EPA, dams "provide important societal functions for drinking water...more

Global Private Equity Newsletter - Winter 2017 Edition: President Trump: The Outlook for Private Equity

All eyes are on Washington—or should we say Manhattan—these days, searching for clues about where our ship is heading with U.S. President-elect Donald Trump at the helm. Recently, there have been cabinet appointments to...more

U.S. EPA Chooses Flexible Approach to Stormwater General Permit for Small Communities

The U.S. Environmental Protection Agency (EPA) is issuing a final rule revising the regulations governing how small municipal separate storm sewer systems (MS4s) obtain coverage under National Pollutant Discharge Elimination...more

2017 Regulatory Policy Forecast: Environmental & Energy Policy

ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring....more

District Court Rejects Effort To Force EPA To Issue Federal Numeric Water Quality Standards For Mississippi River Basin And...

On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit, in Gulf Restoration Network, et al., v. McCarthy, vacated and remanded a decision of the United States District Court for the Eastern District of Louisiana...more

EPA’s Cooperative Federalism Approach to Nutrients in the Mississippi River and Gulf of Mexico Prevails in Fifth Circuit Remand

In a critical decision preserving state authority in water quality management, a U.S. District Court has ruled that EPA has broad discretion to not establish federal numeric nutrient water quality standards because the Clean...more

EPA Publishes Final Rule for Small MS4 General Discharge Permits

The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

Water Infrastructure Improvements for the Nation Act — Highlights

Below is a snapshot of the Water Infrastructure Improvements for the Nation Act water-300x200(S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is...more

Forecast for Energy and Environment Regulations

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

Dakota Access Pipeline: Down but Not Out

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more

California Must Pick Up Stormwater Check

Local public agencies realized an important victory in a more-than-decade-long, who-should-foot-the-stormwater-bill battle — a battle focused on a permit issued by the Los Angeles Regional Water Quality Control Board to the...more

TSCA Criminal Provision Update: More Bark Than Bite

On June 22, 2016, Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, updating the Toxic Substances Control Act (TSCA). Congress kept standard violations—whether done knowingly or willfully—as...more

Wet Weather Regulations Now More Expensive Under EPA's Industrial Stormwater Settlement Penalty Policy

Heavy and consistent rainfall this summer, even before Tropical Storms Hermine and Julia and Hurricane Matthew, produced a tremendous amount of stormwater. Grass swales were too saturated to allow infiltration, and retention...more

EPA Rulemaking in the Trump Administration

Mr. Trump made cutting regulations a central promise of his campaign. At one point he suggested 70% of federal regulations could be eliminated. Although his staff quickly walked that number back, there is little doubt that...more

How President-Elect Trump’s Environmental Policy Might Shift Environmental Protection Responsibility to the States and Citizens

Donald Trump is set to assume the presidency on January 20, 2017. At Environmental Law Next we are taking a look at what that will mean for American environmental law. We will be providing our own perspective as well as...more

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