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 -

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

by Bergeson & Campbell, P.C. on

Section 5 of the Toxic Substances Control Act (TSCA) addresses new chemical notifications and, as such, is chemical innovation’s regulatory gatekeeper. The Frank R. Lautenberg Chemical Safety for the 21st Century Act...more

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

by Williams Mullen on

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

by Sullivan & Worcester on

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System...more

Trump Track: WOTUS Washington Two-Step

The Trump Administration has begun rulemaking to undo the controversial rule defining “waters of the United States” or WOTUS. In the July 27 Federal Register, EPA and the Army Corps of Engineers jointly announced that it is...more

U.S. Army Corps of Engineers and Environmental Protection Agency Proposal to Rescind "Waters of the United States" Regulatory...

by Clark Hill PLC on

The U.S. Army Corps of Engineers and Environmental Protection Agency recently announced a process for replacing the Obama administration's 2015 promulgation of a revised regulatory definition of "waters of the United States."...more

Clean Water Rule Rollback Formally Begins

On Wednesday, July 26, 2017, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE, and collectively with EPA, the Agencies) published a proposed rule to rescind the current version of the rule,...more

Trump Track: Environmental Policy Changes

While the Trump Administration has struggled overall to develop and implement coherent policies, the Administration has had some success in the environmental sphere. Through a series of presidential memoranda, executive...more

EPA and Army Corps Propose Reinstating Longstanding WOTUS Definition - Step One in a Two-Step Process to Rescind and Revise the...

by Best Best & Krieger LLP on

Recently, the U.S. Environmental Protection Agency and Army Corps of Engineers published a proposed rule that re-codifies a decades-old definition of “waters of the United States,” which are waterbodies that are subject to...more

California Environmental Law and Policy Update - July 2017 #4

by Allen Matkins on

Environmental and Policy Focus - California Supreme Court ruling bolsters bullet train foes - ABC News - Jul 27 - Federal law does not completely preempt application of California’s strict environmental...more

The New Administration’s Deregulatory Agenda and its Impact on Environmental & Energy Policy

by Sullivan & Worcester on

As seen in the first six months of President Trump’s Administration, the country is on a rollercoaster ride. There is much uncertainty regarding the implementation of new policies and the status of existing programs...more

FOIA Rules over the CWA – Short and Simple

by Clark Hill PLC on

In what may be one of the shortest opinions of importance, the United States Court of Appeals for District of Columbia Circuit put an end to a Freedom of Information Act (FOIA) that closed down a challenge by the...more

SCOTUS Update: Environmental and Administrative Law Cases Decided in 2017

The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product...more

Trump Administration Rescinds the Waters of the United States Rule

by Kelley Drye & Warren LLP on

On Tuesday, June 27, the Trump administration announced its withdrawal of the “Waters of the United States” (“WOTUS”) Rule, which called for a dramatic and unprecedented expansion of the federal government’s permitting...more

Pesticide Bill Seeks to Ease Regulatory Burdens

by Williams Mullen on

In another attempt to reign in burdensome regulations, the U.S. House of Representatives passed a bill in late May to eliminate duplicative permitting requirements for pesticide use. The Reducing Regulatory Burdens Act of...more

EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

by Snell & Wilmer on

On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

by Perkins Coie on

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more

EPA, Corps Propose Rescinding Clean Water Rule

The Environmental Protection Agency and Army Corps of Engineers on Tuesday announced a proposed rulemaking that would rescind the “Clean Water Rule” — which the agencies finalized in 2015 to revise the definition of “waters...more

EPA and Army Corps of Engineers Propose to Rescind Obama Era Rule Redefining “Waters of the United States”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EPA and Army Corps of Engineers have proposed to rescind the 2015 Clean Water Rule defining “Waters of the U.S.,” and recodify the pre-existing rule, then engage in a subsequent rulemaking to...more

Meet the New WOTUS. Same as the Old WOTUS.

Earlier this week, EPA and the ACOE began implementing the Trump administration’s efforts to deconstruct the Obama rule defining “Waters of the United States” under the Clean Water Act. EPA and the ACOE submitted for Federal...more

USEPA and Army Corps Propose Rule to Rollback the Waters of the United States (WOTUS) Rule

by Freeborn & Peters LLP on

On June 27, 2017, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers proposed a rule to rescind the 2015 Clean Water Rule and recodify the definition of “waters of the United States,” known as...more

Replacement of the Clean Water Rule to Be a Two-Step Process

by Beveridge & Diamond PC on

The Environmental Protection Agency and Army Corps of Engineers announced yesterday that the implementation of President Trump’s executive order directing EPA and the Corps to replace the Clean Water Rule will be a two-step...more

Trump Administration Rescinds WOTUS Rule

by Foley & Lardner LLP on

Earlier this week, the Trump administration added another Obama-era regulation to its list of policy rollbacks. On Tuesday, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a...more

DOJ Directive Threatens Availability of Penalty Mitigation Approach

by WilmerHale on

A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more

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