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Clean Water Act › Environmental Protection Agency (EPA) › Proposed Regulation

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 -
Holland & Knight LLP

EPA Publishes Semiannual Agenda Previewing PFAS-Related Agency Actions

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The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more

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

Biosolids Biennial Report No. 9: U.S. Environmental Protection Agency Publishes Biennial Congressionally Required Report on...

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

The United States Environmental Protection Agency (“EPA”) published the 9th Biennial Report titled: Biosolids Biennial Report No. 9 (“Report No. 9”) ...more

Jenner & Block

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice...

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On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more

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

Criminal Negligence Standard/State Clean Water Act Programs: U.S. Environmental Protection Agency Proposed Regulatory...

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The United States Environmental Protection Agency (“EPA”) is proposing in a December 14th Federal Register Notice a regulation to “clarify” certain requirements for state or tribal programs approved pursuant to Clean Water...more

Womble Bond Dickinson

Trump Administration Repeals “Waters of the U.S.” Rule and Moves Towards a Replacement

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On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Beveridge & Diamond PC

EPA Proposed Regulations Aim to Further Clarify CWA Section 401 Certification Reviews

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its regulations (40 C.F.R. Part 121) implementing Section 401 of the Clean Water Act (CWA), 33 U.S.C. § 1341. The proposed...more

Dorsey & Whitney LLP

EPA Proposes to Update Clean Water Act Section 401 Regulations

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On August 9, 2019, the Environmental Protection Agency (EPA) proposed to update its regulations implementing Section 401 of the Clean Water Act (CWA).  Section 401 allow state and tribal regulators to “veto” a federal permit...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

Jones Day

Proposed Waters of the United States Rule Narrows Federal Clean Water Act Jurisdiction

Jones Day on

February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more

King & Spalding

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

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The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

Perkins Coie on

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Foley & Lardner LLP

Trump Administration Rescinds WOTUS Rule

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Earlier this week, the Trump administration added another Obama-era regulation to its list of policy rollbacks. On Tuesday, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a...more

Greenberg Glusker LLP

U.S. EPA’s Proposed Rule Would Modernize NPDES Regulations

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Earlier this month, the United States EPA proposed a rule (“Proposed Rule”) that would update and revise National Pollutant Discharge Elimination System (“NPDES”) regulations. Rather than reopening the existing NPDES...more

Williams Mullen

Environmental Notes - March 2016

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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

Williams Mullen

Environmental Notes - June 2015

Williams Mullen on

In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more

Robinson & Cole LLP

U.S. House Passes Bill to Revise Corps and EPA Definition of “Waters of the United States”

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On May 12, 2015, the U.S. House of Representatives passed H.R. 1732, which requires the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw the proposed rule published in the Federal...more

Spilman Thomas & Battle, PLLC

Now is the WOTUS of Our Discontent….

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“Waters of the United States” or “WOTUS” in the esoteric taxonomy of the Clean Water Act (“CWA”), is a term with which many are becoming increasingly familiar. This deceptively simple phrase is anything but simple in its...more

Clark Hill PLC

3 (of Many) Shortcomings of the EPA and Army Corps' Proposed Rule to Define "Waters of the U.S."

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On April 21, 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly released a new Proposed Rule – Definition of Waters of the U.S. Under the Clean Water Act – that would...more

Beveridge & Diamond PC

Wotus: Scotus, Potus . . . Lotus?

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It was inevitable I suppose. In a town where every policy discussion reaffirms the lampooning it receives in HBO’s “Veep,” it was only a matter of time until the EPA/Army Corps’ proposed rule on the scope of jurisdiction...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

Davis Wright Tremaine LLP

Science Advisory Board Finally Weighs In on Waters of the U.S.

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The Science Advisory Board has at last released its peer review of EPA’s draft report on Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis, the technical support for the proposed rule on...more

Latham & Watkins LLP

Waters of the United States Proposed Rule

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The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and...more

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