News & Analysis as of September 21, 2024

Final Rules

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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 -

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications

Perkins Coie on 1/18/2021

The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs....more

EPA Final Rule Narrows State and Tribal Review Under the Clean Water Act

Perkins Coie on 6/4/2020

The U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/4/2020

On June 1st the United States Environmental Protection Agency (“EPA”) announced issuance of a final rule that it denominates the: Clean Water Act Section 401 Certification Rule (“Rule”) EPA characterizes the Rule as...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

Holland & Knight LLP on 1/19/2017

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

EPA Publishes Final Rule for Small MS4 General Discharge Permits

Holland & Knight LLP on 12/19/2016

The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

Clean Water Rule Opens Litigation Floodgates

Williams Mullen on 7/10/2015

With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the wake...more

WOTUS: No Closure Yet

Beveridge & Diamond PC on 6/6/2015

In psychology, the term “closure” refers to humans’ desire for a firm answer to a question and general aversion to ambiguity. Nine years since Rapanos, after multiple attempts by the EPA and the Army Corps (“the agencies”)...more

EPA, Army Corps Redefine Clean Water Act Jurisdiction

Beveridge & Diamond PC on 6/5/2015

The Environmental Protection Agency and the Army Corps of Engineers (“the agencies”) have issued the long-awaited final rule to define the scope of waters and wetlands subject to federal jurisdiction under the Clean Water Act...more

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

Farella Braun + Martel LLP on 6/2/2015

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water...more

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