Clean Water Act Environmental Protection Agency Administrative Procedure Act

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 -
News & Analysis as of

Environmental Notes - March 2016

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed

The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more

Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial...

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more

U.S. Supreme Court Agrees to Decide Important Case Affecting Development in Wetlands

A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers...more

U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Issue Final Rule Defining “Waters of the United States”...

On May 27, 2015, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corp of Engineers (collectively, the “Agencies”) issued a final rule defining “Waters of the United States” (“WOTUS”) under the Clean Water Act....more

House Passes Legislation Despite Chaos

Amid a House in chaos as a result of a Republican leadership vacuum, the U.S. House of Representatives managed to pass legislation (H.R. 702) last Friday to lift a 40-year ban on exports of domestic crude oil. Although 26...more

Pre-enforcement Review? Not Enough. How About Pre-issuance Review?

In Sackett, the Supreme Court ruled that EPA could not issue enforcement orders under the Clean Water Act without allowing the subjects of the order the right to bring a pre-enforcement challenge to such orders under the...more

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2015

EPA Releases TSCA Assessment Documents For Flame Retardant Chemicals: On August 18, 2014, the U.S. Environmental Protection Agency (EPA) released for public comment three Problem Formulation and Initial Assessment documents...more

District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently...more

Federal Court Stops Clean Water Act Rule from Going into Effect in 13 States

On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more

Federal Judge Puts Freeze on EPA’s Clean Water Act Rulemaking: Preliminary Injunction Halts Implementation of 'Waters of U.S.'...

In May of this year the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) issued the much-anticipated Waters of the United States rule (the “Rule”). The Rule redefines and expands...more

How Does The New Clean Water Rule Impact Your Business?

On June 29th, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, the “Agencies”) made waves when they published a new rule—the Clean Water Rule—clarifying and arguably expanding the types...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations

A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more

Sackett v. Environmental Protection Agency

SCOTUS Opinion in Sackett v. EPA

Full text copy of the Supreme Court's unanimous decision in Sackett v. EPA, allowing landowners judicial review when faced with compliance orders from EPA regarding violations of the Clean Water Act....more

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