Clean Water Act, Construction Project

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

Allen Matkins on 9/12/2024

Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

Troutman Pepper on 4/25/2024

The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

Construction of Minor Drainage/Water Level Control Structures/General Permit 32: U.S. Army Corp of Engineers (Vicksburg District)...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/21/2024

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a March 6th Public Notice stating that it is proposing to reissue Department of the Army General Permit 32 (“GP32”)....more

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Obermayer Rebmann Maxwell & Hippel LLP on 10/5/2023

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Rain or Shine, Changes to California’s Construction General Permit Are on the Horizon

Allen Matkins on 8/9/2023

Municipalities, landowners, developers, and others engaged in construction activities in California have faced increasing regulatory scrutiny over alleged stormwater discharge violations in recent years, including a record...more

Regulatory Changes: Massachusetts Wetlands Permitting

Goulston & Storrs PC on 6/29/2023

The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

Akerman LLP on 6/26/2023

Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

Dear YouDig? What's Up Dock?

Buckingham, Doolittle & Burroughs, LLC on 3/7/2023

Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

Vinson & Elkins LLP on 1/11/2023

The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

Pillsbury - Gravel2Gavel Construction & Real... on 11/10/2022

This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more

Short Term Activity Authorizations/Water Quality Standards: Arkansas Department of Energy & Environment - Division of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/22/2022

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) is considering proposed changes to its Short-Term Activity Authorizations (“STAAs”) application process. The Arkansas...more

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

Downey Brand LLP on 11/11/2021

After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/5/2021

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

Bradley Arant Boult Cummings LLP on 4/26/2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not...more

Template for Mitigation Banking Instruments in California to be Revised

Nossaman LLP on 12/28/2020

On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more

MS4/NPDES Permit: City of Little Rock and Arkansas Department of Energy and Environment - Division of Environmental Quality Enter...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/7/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed...more

Trump Executive Order: Environmental Streamlining or Political Quagmire?

Nossaman LLP on 6/12/2020

On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on 6/2/2020

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

New Source Review/U.S. Environmental Protection Agency Draft Guidance Addressing "Begin Actual Construction": National Association...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/1/2020

The National Association of Clean Air Agencies (“NACAA”) submitted May 11th comments on draft March 25th guidance memorandum distributed by the United States Environmental Protection Agency (“EPA”). The draft guidance...more

All Projects Being Constructed Under Nationwide Permit 12 at Risk

Saul Ewing LLP on 4/23/2020

Did the Army Corps of Engineers (Corps) violate the National Environmental Policy Act (NEPA) by not engaging with U.S. Fish and Wildlife in an Endangered Species Act (ESA) consultation prior to reauthorizing Nationwide Permit...more

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Garland County, Arkansas Residential...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/10/2019

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a September 6th Public Notice referencing an after-the-fact Clean Water Act Section 404 permit application by LJL Investments, LLC (“LJL”). ...more

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit: Union Pacific Railroad Bridge Replacement/Lafayette...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/15/2019

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an August 14th Public Notice (“Notice”) regarding an application by the Union Pacific Railroad (“UPR”) for a Clean Water Act 404 Permit for work...more

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/28/2019

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Dam Construction/Colorado River: Environmental Groups File Federal NEPA/Clean Water Act/ESA Judicial Challenge to Denver Water...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/3/2019

Waterkeeper Alliance, Inc. and several other environmental organizations (collectively “Waterkeeper”) filed a December 19th Petition for Review of Agency Action (“Petition”) in the United States District Court for the...more

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Southwest Arkansas Regional Intermodal...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/31/2018

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 29th Public Notice referencing a Section 404 Clean Water Application by the Southwest Arkansas Regional Intermodal Authority...more

Clean Water Act › Construction Project

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