News & Analysis as of September 19, 2024

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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 -

Environment & Energy Insights (August 2024)

Nutter McClennen & Fish LLP on 8/12/2024

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

EPA Issues New Rules Regarding Response and Risk Management Plans

Pillsbury Winthrop Shaw Pittman LLP on 4/25/2024

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Four Administrative Law Takeaways from the DC Circuit’s Recent Perchlorate Decision

ArentFox Schiff on 5/22/2023

Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues. Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more

Non-Transportation-Related Onshore Facilities/Clean Water Act: U.S. Environmental Protection Agency and Environmental...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/21/2020

The United States Environmental Protection Agency (“EPA”) and three environmental organizations entered into a March 12th Consent Decree (“Decree”) addressing Section 311(j)(5)(A)(i) of the Clean Water Act. See 19 Civ. 2516...more

Worst-Case Spill Regulations/Clean Water Act: Natural Resources Defense Council Law Suit Alleging U.S. Environmental Protection...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/8/2019

Three environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Southern District of New York against the United States Environmental...more

Enviro Groups May Have Christmas Lump of Coal for EPA: Set to Sue on EPA Decision Not to Develop New “SPCC” Program for Spills of...

Kelley Drye & Warren LLP on 12/20/2018

Environmental groups have filed a Notice of Intent to sue the U.S. Environmental Protection Agency (EPA) over its still draft decision not to establish a program to address potential spills of hazardous substances similar to...more

Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake...

Pillsbury - Gravel2Gavel Construction & Real... on 7/24/2018

On July 23, 2018, the U.S. Court of Appeals for the Second Circuit decided the case of Cooling Water Intake Structure Coalition v. EPA. Environmental conservation groups and industry associations petitioned for review of a...more

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

Seyfarth Shaw LLP on 2/14/2018

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

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

Sullivan & Worcester on 7/28/2017

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

Environmental Notes - May 2017

Williams Mullen on 5/17/2017

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

2016 Water Outlook

McGuireWoods LLP on 1/28/2016

There are several significant regulatory and legal actions involving water issues that are expected to unfold in 2016. Each has the potential to significantly impact the regulated community and all bear watching in 2016. ...more

The Ninth Circuit Holds Transfer of Water in Klamath River Basin Does Not Require Clean Water Act NPDES Permit

Perkins Coie on 8/26/2015

On August 21, 2015, the Ninth Circuit Court of Appeals affirmed an Oregon district court’s ruling that a Clean Water Act National Pollutant Discharge Elimination System permit is not required for the discharge of water from...more

California Environmental Law & Policy Update - August 2015 #3

Allen Matkins on 8/24/2015

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

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

Bergeson & Campbell, P.C. on 7/21/2015

EPA Seeks Comment On Series 810 Test Guidelines: On June 17, 2015, the U.S. Environmental Protection Agency (EPA) announced the availability for comment of several Series 810, non-binding, draft test guidelines developed by...more

Swimming Upstream: 9th Circuit CWA Cases Heading To SCOTUS

Sheppard Mullin Richter & Hampton LLP on 8/20/2012

Originally published in Law360, New York on August 17, 2012. The U.S. Supreme Court has agreed to review two U.S. Ninth Circuit Court of Appeals Clean Water Act (CWA) cases. Both cases involve the extent to which...more

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