News & Analysis as of

Clean Water Act Environmental Protection Agency

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 -

Tennessee Urges EPA to Adopt the "Tennessee Plan" to Define WOTUS

by Burr & Forman on

The commissioners of the Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Department of Agriculture (TDA) recently responded to EPA Administrator Scott Pruitt’s request to States for comments...more

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

by Bergeson & Campbell, P.C. on

Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 27, 2017, for a day-long conference exploring the federal government’s implementation of the...more

To Disclose or Not to Disclose? D.C. Circuit Resolves Clash Between FOIA’s Exemption 4 and Section 308 of the Clean Water Act

by K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a significant decision addressing the interplay between a confidentiality provision in the Freedom of Information Act (“FOIA”), known as “Exemption 4,” and a...more

Monetizing Vacant Land Through Mitigation Banking

by Sullivan & Worcester on

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

"Waters of the United States"— Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

by Ward and Smith, P.A. on

Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more

Exemption 4 of FOIA Not Revoked By Later Enacted CWA Section 308

On May 30, a panel of the U.S. Court of Appeals for the DC Circuit decided the case of Environmental Integrity Project, et al. v. EPA. Affirming the District Court, the Court of Appeals held that Exemption 4 of the Freedom of...more

Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers...more

Environmental Notes - May 2017

by Williams Mullen on

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

EPA Issues New Contaminated Sediments Guidance

by Williams Mullen on

Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

EPA Pushes To Rewrite Controversial Waters Of U.S. Rule (WOTUS)

by Conn Maciel Carey LLP on

Under the new leadership taking over in the Trump Administration, the Environmental Protection Agency is acting at an unusually swift pace for a federal regulator in its effort to totally revamp the Obama EPA’s controversial...more

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

by DLA Piper on

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

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

Top environmental developments in 2017 for ADG companies

by Hogan Lovells on

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

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 4

by Clark Hill PLC on

Budget Battles: Amid a recess, lawmakers will miss the April 15 target date for adopting a federal budget outline for the second year in a row. While there are no penalties for missing the April 15 date, a slow start for...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

EPA Wastewater Settlement Highlights Industry Focused Enforcement Initiative

by Williams Mullen on

EPA and the Department of Justice recently settled a Clean Water Act enforcement action with EMD Millipore Corp. of Jaffrey, NH, by lodging a Consent Decree in the U.S. District Court for the District of New Hampshire. The...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

by Williams Mullen on

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Presidential Executive Order Begins Rollback of the “Waters of the United States Rule”

by Freeborn & Peters LLP on

The rollback of the controversial Waters of the United States (WOTUS) Rule is underway. Last week, President Trump issued an Executive Order directing the Environmental Protection Agency (EPA) and the Department of the Army...more

President Trump Orders Revisit of "Waters of the United States" Rule

by Clark Hill PLC on

President Donald Trump issued, on February 28, 2017, an Executive Order ("EO") aimed at rescinding and revising the Obama Administration-issued final rule entitled "Clean Water Rule: Definition of 'Waters of the United...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

Clean Water Act Suit in Washington Federal District Court Implicates Pesticide Active Ingredients

by Bergeson & Campbell, P.C. on

On February 21, 2017, the Northwest Environmental Advocates (NWEA) filed a Clean Water Act (CWA) lawsuit in the U.S. District Court for the Western District that involves a number of pesticide active ingredients in addition...more

Implications of “Waters of the U.S.” (WOTUS) Rule Rollback for Pesticide Permitting

by Bergeson & Campbell, P.C. on

President Trump’s February 28, 2017, Executive Order (E.O.) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest...more

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