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Clean Water Act › Environmental Protection Agency (EPA) › Final Rules

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)

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​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

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

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

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U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

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The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Carlton Fields

In Debate Over High Court Wording, 'Wetland' Remains Murky

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The U.S. Supreme Court significantly reduced the scope of Clean Water Act regulation over wetlands last year in Sackett v. Environmental Protection Agency. Originally Published in Law360. ...more

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Coordination Process Update: U.S. Army Corps of Engineers/Environmental Protection Agency Joint Coordination Memoranda Addressing...

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The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more

Perkins Coie

EPA’s Landmark PFAS Drinking Water Standards

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The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes...more

Greenberg Glusker LLP

USEPA Announces Final Drinking Water Standards for Six PFAS

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In much anticipated news for followers of PFAS, or so-called "forever chemicals," USEPA announced today final, enforceable drinking water standards (MCLs) for six PFAS, including PFOS and PFOA at 4 parts per trillion. EPA...more

Beveridge & Diamond PC

EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

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Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case...more

Roetzel & Andress

Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA

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On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

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Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Mintz

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA's new Section 401 Water...

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EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more

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Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

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The United States Environmental Protection Agency (“EPA”) announced on September 14th a final rule that it denominates Clean Water Act Section 401 Water Quality Certification Improvement Rule (“Final Rule”)....more

Goldberg Segalla

EPA Redefines ‘Waters of the United States’ to Conform with Supreme Court Decision

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On August 29, the Environmental Protection Agency announced its final rule amending its definition of “waters of the United States.”  This new definition was written to conform with the Supreme Court’s May 24, 2023 ruling in...more

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

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On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

J.S. Held

The Clean Water Act & Environmental Regulatory Compliance: A Strategic Approach to the Final Rule 316(b)

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Meta Description: Discover how a holistic approach to cooling water intake systems can ensure compliance, reduce costs & save time. Examples included. In 2014, the United States Environmental Protection Agency (EPA) issued...more

Pillsbury Winthrop Shaw Pittman LLP

Understanding the EPA’s Final Renewable Fuel Standard Set Rule for 2023, 2024 and 2025

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The EPA issued a final Renewable Fuel Standard (RFS) rule that announces the biofuel volume targets for 2023 – 2025 and provides a first look into the EPA’s plans for implementing the program moving forward. The RFS...more

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Concentrated Animal Feeding Operations/National Environmental Policy Act: Federal Court Addresses Challenge to Farm Service Agency...

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A United States District Court (District of Columbia) (“Court”) in a March 4th Opinion addressed the Farm Service Agency’s (“FSA”) compliance with the National Environmental Policy Act (“NEPA”). See Dakota Rural Action, et...more

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Waters of the United States/Clean Water Act: Federal District Court Addresses Conservation Groups' Motion for Intervention in U.S....

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A United States District Court (E.D. Kentucky) (“Court”) addressed in a February 8th Memorandum Opinion and Order (“Opinion”) various conservation groups’ (“CGs”) Motion to Intervene (“Motion”) in litigation involving a rule...more

Nossaman LLP

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

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On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

Harris Beach PLLC

Federal Government Expands Scope of Regulated Wetlands

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The U.S. Army Corps of Engineers (“Corps”) and the U.S. Environmental Protection Agency (“EPA”) have adopted a final rule re-defining the scope of the “waters of the United States” (“WOTUS Final Rule”) subject to federal...more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Husch Blackwell LLP

EPA Publishes Final Rule Revising Definition of “Waters of the United States”

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On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

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Waters of the United States Clean Water Act: Aggregate Producers/Agricultural Organizations/Contractors File Judicial Challenge to...

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A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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