News & Analysis as of September 20, 2024

Clean Water Act › New Regulations

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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 -

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

Obermayer Rebmann Maxwell & Hippel LLP on 10/5/2023

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

EPA Plays Hurry Up and Wait on Vessel Incidental Discharge Act of 2018 Regulations

Holland & Knight LLP on 9/13/2023

More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more

EPA says we should have its next stab at a Waters of the United States rule in September. What's next?

Mintz on 7/18/2023

Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September. Assistant Administrator Fox promises that the new regulation...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

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on 1/20/2023

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Concentrated Animal Feeding Operations/Clean Water Act: Environmental Organizations Lawsuit Challenging Current U.S. Environmental...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/17/2022

Food & Water Watch, Inc., and a number of other environmental organizations filed a Petition for a Writ of Mandamus (“Petition”) in the United States Court of Appeals for the Ninth Circuit arguing that the United States...more

Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap

Pillsbury Winthrop Shaw Pittman LLP on 12/7/2021

The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more

Not with a bang but a whimper -- EPA decides no Clean Water Act regulations better after all

Mintz on 9/9/2021

In June, EPA said it intended its current regulations determining the reach of the Clean Water Act to remain in place while it developed new regulations doing the same thing differently. It has repeated that position in...more

EPA and the Corps of Engineers are heading down the Waters of the United States regulatory road this summer. Will they ever reach...

Mintz on 8/3/2021

Friday EPA and the Army Corps of Engineers announced that between now and Labor Day they will be listening to stakeholders as they kick off what will be the eighth attempt to resolve by regulation the reach of the Federal...more

[Webinar] WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S. - July 16th, 1:00...

Nossaman LLP on 6/30/2020

In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more

New Regulations Narrow Reach of Clean Water Act

Perkins Coie on 2/3/2020

The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more

New Regulations Redefine the Scope of the Clean Water Act

Perkins Coie on 1/29/2020

The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more

The Longest Dance – The WOTUS Two-Step

Ward and Smith, P.A. on 10/24/2019

We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more

2015 Clean Water Act Rule Repealed

Perkins Coie on 9/18/2019

A new final regulation issued on September 12, 2019 by the Environmental Protection Agency and the Army Corps of Engineers repeals the Obama administration’s 2015 “Clean Water Rule,” but does little to clear up the...more

Expansion of the "Waters of the U.S." Rule Delayed; Replacement Rule in the Works

Womble Bond Dickinson on 4/12/2018

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

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

Deadline For Compliance With New California Industrial General Permit For Stormwater Is A Week Away (July 1, 2015)

Greenberg Glusker LLP on 7/3/2015

On July 1, 2015, the new California Industrial General Permit for Stormwater (General Permit) will take effect and along with it come a host of new compliance obligations. Chief among those obligations is the completion and...more

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water

Ballard Spahr LLP on 6/3/2015

The final Waters of the United States rule, jointly proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers last spring, was signed on May 26, 2015, and aims to clarify the federal...more

EPA’s New Water Rule: Clarification or Power Grab?

Manatt, Phelps & Phillips, LLP on 5/30/2015

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corp of Engineers (Army Corp) just released the final rule providing guidance on which waters are considered “Navigable Waters of the United States” and thus...more

Leaked EPA Draft Offers Insight into Upcoming Shale Wastewater Regulations

BakerHostetler on 8/1/2014

The rapid expansion of shale drilling in recent years has brought with it an increase in the wastewater that is generated during the fracking process. One fracking well can produce over one million gallons of wastewater in a...more

EPA Adopts Fish Protection Standards for Cooling Water Intake Structures

Morgan Lewis on 5/23/2014

The regulation requires power plants and manufacturing facilities to demonstrate that their cooling water withdrawals minimize fish mortality. The U.S. Environmental Protection Agency (EPA) has issued regulations under...more

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Clean Water Act › New Regulations

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