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Clean Water Act Deregulation

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 -
Burr & Forman

DOJ Clarifies Federal Role in Clean Water Act Enforcement

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In late July, the Environment and Natural Resources Division (“ENRD”) of the Department of Justice released a memo setting forth the Division’s policy for handling enforcement of civil Clean Water Act matters when a State has...more

Akerman LLP

Justice Department Refines Policy for Clean Water Act Enforcement

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This week, the Justice Department has memorialized a policy that will give the states primacy in enforcement of Clean Water Act civil cases. On July 27, 2020, the U.S. Department of Justice Environment & Natural Resources...more

Pierce Atwood LLP

EPA Finalizes Comprehensive Changes to its CWA Water Quality Certifications Rule

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The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more

Bilzin Sumberg

Navigable Waters Protection Rule Now in Effect

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On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except...more

Bricker Graydon LLP

Trump administration's executive order waives permitting requirements to speed economic recovery

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On June 4, 2020, President Trump signed an executive order instructing his administration to use any applicable “emergency authorities” to waive requirements within certain environmental laws in order to facilitate permitting...more

Bricker Graydon LLP

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

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On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more

Williams Mullen

Stop the Pipes? Corps' Nationwide Permit 12 Vacated by Federal District Court

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An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corps’) is unlawful. Nationwide permits...more

Nossaman LLP

Redefining Navigable Waters: The Next Frontier of the WOTUS Saga

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In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more

Bilzin Sumberg

Navigable Waters Protection Rule Published in Federal Register

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On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register.  ...more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 - On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

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On April 21, 2020, the U.S. Environmental Protection Agency (US EPA) and the Army Corps of Engineers (Army Corps) published in the Federal Register their revised rule defining which waterbodies are subject to federal...more

Seyfarth Shaw LLP

Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”

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Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that “impermissibly expanded the definition of...more

Sheppard Mullin Richter & Hampton LLP

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more

Hogan Lovells

The Clean Water Act "WOTUS" Rule: A long and winding river

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The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more

Burr & Forman

EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters

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On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as the latest attempt to define the phrase “waters of the...more

Bilzin Sumberg

Changes to the Clean Water Act's "Waters of the United States" Rule

Bilzin Sumberg on

 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction

EPA and Army Corps of Engineers Give New Waters of the U.S. Definition - The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of “Waters of the United States” that...more

Pierce Atwood LLP

EPA Proposes Withdrawal of Maine Fish Consumption Water Quality Standards

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EPA also approves revisions to Maine’s water quality standards - On November 6, 2019 the U.S. Environmental Protection Agency (EPA) issued public notice of a proposed action to withdraw its February 2, 2015 decision that...more

Best Best & Krieger LLP

Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23

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WOTUS Definition Court Challenges Continue - The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more

King & Spalding

EPA Repeals WOTUS Rule

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On Tuesday, October 22, 2019, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule repealing the Obama Administration’s 2015 “WOTUS” rule, which set new and more expansive...more

Seyfarth Shaw LLP

Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”

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Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of...more

Womble Bond Dickinson

Trump Administration Repeals “Waters of the U.S.” Rule and Moves Towards a Replacement

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On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

Best Best & Krieger LLP

Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register - Comments Due by April 15

The Trump Administration’s proposed rule defining “Waters of the United States” under the federal Clean Water Act was published last week in the Federal Register....more

Robinson+Cole Manufacturing Law Blog

2019 Environmental, Health, and Safety Outlook For Manufacturers

This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more

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