News & Analysis as of

Clean Water Act Endangered Species Act (ESA)

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 -

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

by Latham & Watkins LLP on

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

by Latham & Watkins LLP on

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

by Nossaman LLP on

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

by Holland & Knight LLP on

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

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

by Beveridge & Diamond PC on

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

What Now? U.S. Environmental Protection Agency Post-Election Outlook

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more

Endangered Fish v. Humans: The Fight Over Competing Water Needs

by Best Best & Krieger LLP on

The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have...more

EPA Issues Final 2016 NPDES Pesticide General Permit

by Bergeson & Campbell, P.C. on

On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Energy Sector Alert Series: Supreme Court Cases to Watch

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Environmental Notes - April 2016

by Williams Mullen on

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

by Stoel Rives LLP on

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

by Nossaman LLP on

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

Feinstein Introduces the California Emergency Drought Relief Act

by Nossaman LLP on

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

Ninth Circuit Rules Approval of Oil Spill Response Plans is Non-Discretionary

by Nossaman LLP on

On June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement’s (Bureau) approval of oil spill response plans (OSRPs) relating to oil leases in the Beaufort and...more

California Environmental Law & Policy Update - February 2015 #3

by Allen Matkins on

Environmental and Policy Focus: California lawmakers introduce sweeping new measures to increase renewable energy, cut fossil fuel use - San Jose Mercury News - Feb 10: Last Tuesday, California lawmakers unveiled a...more

National Marine Fisheries Service Issues Biological Opinion for Army Corps of Engineers’ Nationwide Permit Program

by Nossaman LLP on

On November 24, 2014, the National Marine Fisheries Service (Service) issued a new Biological Opinion (BiOp) for the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit Program under the Clean Water Act. The BiOp...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

by Pierce Atwood LLP on

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

California Environmental Law and Policy Update - August 2014 #6

by Allen Matkins on

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

by K&L Gates LLP on

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

Water, Water everywhere …

by Pierce Atwood LLP on

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more

More Pipeline Development Projects: What America Needs

by Blank Rome LLP on

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

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