News & Analysis as of September 25, 2024

Clean Water Act › Preemption

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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 -

Beltway Buzz - October 2021 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/25/2021

Congress: Lather. Rinse. Repeat. After scuttling plans last month to vote on both a $1.2 trillion bipartisan “hard infrastructure” bill that the U.S. Senate approved, 69–30, on August 10, 2021, and a proposed $3.5 trillion...more

California Supreme Court Grants Review of Third District’s Preemption Decision

Downey Brand LLP on 4/26/2021

On December 11, 2019, the California Supreme Court granted review of the Third District’s decision in County of Butte v. Department of Water Resources, dismissing a CEQA challenge to DWR’s relicensing application to the...more

Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As...

Miller Starr Regalia on 3/5/2021

“The more I know, the less I understand/All the things I thought I’d figured out, I have to learn again” – Don Henley, “The Heart of the Matter” - One of CEQA’s bedrock principles is that environmental review must precede...more

Normal Operation of Railcars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/25/2020

The United States Surface Transportation Board (“STB”) instituted a Declaratory Order proceeding on February 19th that will address whether 49 U.S.C. 10501(b): . . . preempts the Clean Water Act’s (CWA) discharge...more