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Clean Water Act › Endangered Species

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 -
Nossaman LLP

Recent Updates to Federal Environmental and Natural Resource Regulations

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Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more

Allen Matkins

California Environmental Law & Policy Update 4.26.24

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The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

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EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

Obermayer Rebmann Maxwell & Hippel LLP

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

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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

Allen Matkins

California Environmental Law & Policy Update - 6.30.23

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Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce...more

Allen Matkins

California Environmental Law & Policy Update - 2.24.23

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A Ninth Circuit panel on Tuesday revived a Trump-era Clean Water Act regulation, finding that U.S. District Judge William Alsup erred when vacating a Trump administration revision of the “Clean Water Act 401 Certification...more

Allen Matkins

California Environmental Law & Policy Update-1.27.23 #4

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The fossil fuel industry is asking the U.S. Supreme Court to resolve a legal battle over hydraulic fracturing off the California coast — a fight companies say carries “enormous practical and legal significance.”...more

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

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On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

Allen Matkins

California Environmental Law & Policy Update - 1.20.23 - #3

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Texas Attorney General Ken Paxton and numerous industry associations on Wednesday filed lawsuits in Texas district court over the new U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers’ definition of...more

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

Snail Darter/Endangered Species Act Delisting: The Fish that Faced Off Against the Tennessee Valley Authority Is Classified as...

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The United States Fish and Wildlife Service (“Service”) issued a pre-Federal Register publication final rule removing the snail darter from the federal Endangered Species Act (“ESA”) List of Endangered and Threatened...more

Allen Matkins

California Environmental Law & Policy Update - July 2022 #4

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U.S. Fish and Wildlife Service reverses changes to Endangered Species Act’s habitat rule - Associated Press - July 20 - The U.S. Fish and Wildlife Service (USFWS) on Wednesday canceled a Trump administration policy...more

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

Endangered Species Act/Northern Long-Eared Bat: U.S. Fish & Wildlife Service Proposes to Reclassify Listing to Endangered Status

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On Wednesday, March 23, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S....more

Allen Matkins

California Environmental Law & Policy Update - January 2022 #4

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Supreme Court to weigh limits on reach of Clean Water Act - Associated Press – January 25 - The U.S. Supreme Court agreed on Monday to hear an appeal that will test the limits of federal jurisdiction under the Clean...more

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

Snail Darter/Endangered Species Act DeListing: The Fish that Faced Off Against the Tennessee Valley Authority is Proposed to be...

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

The United States Fish and Wildlife Service (“Service”) issued a pre Federal Register publication proposing to remove the Snail Darter from the Federal Endangered Species Act (“ESA”) list of endangered and threatened...more

Allen Matkins

California Environmental Law & Policy Update - August 2021

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As drought worsens, regulators impose unprecedented water restrictions on California farms - Los Angeles Times – August 3 - Amid intensifying drought, the State Water Resources Control Board (SWRCB) voted on Tuesday...more

Allen Matkins

California Environmental Law & Policy Update - June 2021 #2

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Biden moves to restore safeguards under Clean Water Act - Associated Press – June 9 - The Biden administration began legal action this Wednesday to set aside a regulation known as the “Waters of the United States” (WOTUS)...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

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JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

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Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

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

Waters of the United States/Clean Water Act: Environmental Organizations Notice of Intent to Sue U.S. Environmental Protection...

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The Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency and United...more

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

Section 401 Clean Water Act: North Carolina Department of Environmental Quality Water Quality Certification for Toll Highway...

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The Southern Environmental Law Center (“SELC”) filed a Petition for a Contested Case Hearing (“Petition”) in the North Carolina Office of Administrative Hearings addressing a Clean Water Act Section 401 Water Quality...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Nossaman LLP

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

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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

Sheppard Mullin Richter & Hampton LLP

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

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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

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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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

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