News & Analysis as of September 18, 2024

Clean Water Act › Congressional Review Act

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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 -

Could the longest running controversy in environmental law be entering its last years?

Mintz on 10/18/2023

Sam Hess of Inside EPA is reporting that Democrats in the House of Representatives and the Senate might be ready to work on legislation ending the longest running controversy in environmental law – the decades long battle...more

New WOTUS Rule Halted in Half of Country by Federal District Court

Jenner & Block on 4/14/2023

On April 12, 2023, a federal district court judge in North Dakota issued a temporary injunction blocking implementation of the EPA and Army Corps of Engineers regulations redefining Waters of the United States (“WOTUS”) under...more

50 years later, another President is at odds with Congress over the Clean Water Act. What's next?

Mintz on 4/7/2023

Yesterday President Biden vetoed the Congressional Review Act resolution that would have repealed EPA's eighth attempt to determine the jurisdictional reach of the Clean Water Act. In 1972 Congress overrode President Nixon's...more

EPA's most recent Waters of the United States rule endures a challenge in Kentucky, at least for now.

Mintz on 4/4/2023

Federal District Court Judge Gregory Van Tatenhove has dismissed a lawsuit brought by the Commonwealth of Kentucky and various industry groups challenging EPA's eighth attempt to determine the jurisdictional reach of the...more

California Environmental Law & Policy Update - 3.31.23

Allen Matkins on 4/3/2023

Relying on the Congressional Review Act, which allows Congress to block recently adopted executive branch regulations, Congress on Wednesday approved a resolution to overturn the Biden administration’s planned protections for...more

U.S. Senate Passes Joint Resolution of Disapproval to Overturn Biden Administration “Waters of the U.S.” Rule in Bipartisan Effort

Downey Brand LLP on 3/31/2023

In the ever-evolving world of what constitutes a “waters of the United States” (WOTUS) for purposes of Clean Water Act applicability and regulation, on March 29, 2023, the United States Senate passed Senator Shelley Moore...more

This Federal Court reminds us that most of the Executive Branch's environmental protection authority comes from Congress

Mintz on 1/19/2023

Inside EPA is reporting this morning that a three judge panel of the 10th Circuit Court of Appeals has joined the 9th Circuit Court of Appeals in upholding the constitutionality of the Congressional Review Act. The Act...more

Policy Review Heats Up Under New EPA Administrator Regan

Holland & Hart LLP on 3/30/2021

The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

Bracewell LLP on 1/25/2021

Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

WilmerHale on 1/22/2021

On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

Vinson & Elkins LLP on 1/20/2021

News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

2020 Post-Election Analysis: Issue by Issue

Bracewell LLP on 11/17/2020

FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/22/2017

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Environmental Organization Challenges Constitutionality of the Congressional Review Act

Kelley Drye & Warren LLP on 5/10/2017

As we previously reported on this blog, Congress and the Trump administration have revived the Congressional Review Act (CRA) and set about rescinding a series of regulations promulgated during the Obama presidency. ...more

Top environmental developments in 2017 for ADG companies

Hogan Lovells on 4/17/2017

The Trump administration has made it clear that it will seek to eliminate environmental regulations that it sees as imposing an unjustified economic burden. As is often the case when control of the federal government changes...more

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Clean Water Act › Congressional Review Act

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