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Clean Water Act Environmental Protection Agency (EPA) Energy Sector

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 -
Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy Industry

It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Morgan Lewis

EPA Issues ‘Good Neighbor’ Plan Addressing Interstate Transport Obligations

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A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

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What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Mintz

For different reasons, Members of Congress in both parties have put off the permitting reform essential to reach our renewable...

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As millions in Florida face the wrath of our warming oceans in the guise of Hurricane Ian, Inside EPA is reporting that enough Democrats and Republicans opposed Senator Manchin's proposal to streamline the permitting of...more

Allen Matkins

California Environmental Law & Policy Update - August 2022

Allen Matkins on

Sonoma County vintner to pay $925,000 in environmental damage settlement Bullet The Press Democrat – July 31 The Sonoma County District Attorney’s Office last Friday announced that a $925,000 settlement had been reached with...more

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

Enactment of Infrastructure Investment and Jobs Act: Energy/Water/Environmental Issues Addressed

President Biden is expected to sign this week the Infrastructure Investment and Jobs Act (“Act”). A significant portion of the Act addresses a number of energy, water and environmental issues....more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Pillsbury - Gravel2Gavel Construction & Real...

The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more

Troutman Pepper

FERC Establishes Water Quality Certification Waiver Period for Natural Gas Projects

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On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more

Williams Mullen

Environmental Notes - January 2021

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Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Bracewell LLP

2020 Post-Election Analysis: Issue by Issue

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FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more

Holland & Knight LLP

Energy Commission Proposes Water Quality Certification Practices for Pipelines, Natural Gas Projects

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On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020

Coal Earnings Set to Plunge 50% in North America, Moody's Says - "Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to...more

Allen Matkins

California Environmental Law & Policy Update - June 2020

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EPA limits states' power to stop oil and gas pipelines - Bullet NPR – June 1 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new rule intended to expedite the approval process for pipeline...more

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

Power Plant/Clean Water Act: Citizen Groups U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Sierra Club and other organizations filed a November 1st Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

Williams Mullen

EPA Answers Trump’s Call for Less State Authority Under the Clean Water Act

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EPA recently published a proposed federal rule (“Proposed Rule”) aimed at limiting the authority of states to deny certifications of compliance with state water quality requirements under Section 401 of the Clean Water Act...more

Steptoe & Johnson PLLC

EPA Proposes Changes to The Section 401 Water Quality Certification Process

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Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

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EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

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