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Clean Water Act › Environmental Protection Agency (EPA) › Due Process

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 -
(ACOEL) | American College of Environmental...

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

(ACOEL) | American College of Environmental... on

On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

Williams Mullen on

Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

Stoel Rives LLP on

On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Seyfarth Shaw LLP

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Farella Braun + Martel LLP

U.S. Supreme Court Issues Landmark Decision Authorizing Review of Wetland Jurisdictional Determinations

Farella Braun + Martel LLP on

On May 31, 2016, the U.S. Supreme Court issued an eagerly anticipated decision that will benefit landowners and developers by authorizing immediate judicial review of Approved Jurisdictional Determinations (JDs) issued by the...more

Foley Hoag LLP - Environmental Law

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

Foley Hoag LLP - Environmental Law on

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

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