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Clean Water Act › Commerce Clause

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 -
Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

Mintz on

When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Mintz

At least two Supreme Court Justices think there's a limit to Congress's ability to fix the Clean Water Act

Mintz on

Five Justices of our nation's highest court have now provided a definition of "Waters of the United States" that will be binding on the Executive and Judicial Branches at least until Congress says otherwise.  As Justice...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States Clean Water Act: Aggregate Producers/Agricultural Organizations/Contractors File Judicial Challenge to...

Mitchell, Williams, Selig, Gates & Woodyard,... on

A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Mintz

I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus"...

Mintz on

I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus" test is in trouble Yesterday the Sacketts of Idaho shared with the United States Supreme...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Commerce Clause/401 Certification: Montana/Wyoming U.S. Supreme Court Bill of Complaint Alleging Washington State Discriminatory...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Attorney Generals for the states of Montana and Wyoming (collectively “Montana”) filed on January 21st three pleadings challenging Washington State’s denial of port access to ship Montana and Wyoming coal to foreign...more

Perkins Coie

New Regulations Narrow Reach of Clean Water Act

Perkins Coie on

The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more

Williams Mullen

The Endless Dance: Defining “Waters of the United States”

Williams Mullen on

The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more

Burr & Forman

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

Burr & Forman on

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more

Partridge Snow & Hahn LLP

How Does The New Clean Water Rule Impact Your Business?

Partridge Snow & Hahn LLP on

On June 29th, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, the “Agencies”) made waves when they published a new rule—the Clean Water Rule—clarifying and arguably expanding the types...more

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