News & Analysis as of September 20, 2024

Clean Water Act › Proposed Amendments

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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... 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 -

National Environmental Policy Act/Proposed Amendments: U.S. House of Representatives Committee on Natural Resources (Congressman...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/19/2024

The United States House of Representatives Committee on Natural Resources (“Natural Resources Committee”) held a September 4th Hearing addressing: Discussion Draft of H.R. __ (Rep. Westerman), To amend the National...more

Appellate Ruling Affirms Dismissal of NY Private ‘Green Amendment’ Claims

ArentFox Schiff on 8/6/2024

Often motivated by the lack of federal engagement on environmental issues, various states have evaluated adding “Green Amendments” to their state constitutions. The practical impact of these amendments will be borne out as...more

State Assumption Under Section 404 of the Clean Water Act: Environmental Council of the States Proposed Amendments

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/17/2020

The Environmental Council of the States (“ECOS”) transmitted a June 26th letter to the Chairmen and Ranking Members of the United States House of Representatives Committee on Transportation and Infrastructure and Water...more

National Environmental Policy Act: Council on Environmental Quality Proposed Revisions

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/13/2020

The Council on Environmental Quality (“CEQ”) on January 10th published a Federal Register Notice promulgating for the first time in 40 years revisions to the regulations that implement the National Environmental Policy Act...more

Currents - Energy Industry Insights - April 2019 #4

Spilman Thomas & Battle, PLLC on 4/27/2019

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Waters of the United States/U.S. EPA Proposed Rule: St. Francis Levee District of Arkansas Comments

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/26/2019

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

WOTUS Operandi: The Clean Water Act’s Bifurcated Regulatory Regime and Why it Matters

Dorsey & Whitney LLP on 1/18/2019

Two sets of states interpret and implement the Clean Water Act (“CWA”), the nation’s premier water pollution statute, in significantly different ways. The CWA applies to the nation’s “navigable waters,” which is further...more

EPA to “Veto” Its Own Veto Authority under the Clean Water Act?

K&L Gates LLP on 8/14/2018

On June 26, 2018, in one of his final acts as Administrator of the U. S. Environmental Protection Agency (“EPA”), Scott Pruitt issued a memorandum that has set in motion a process to amend the regulations that govern the...more

Environmental Notes - November 2016

Williams Mullen on 11/10/2016

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

Corps of Engineers Issues Proposal on Nationwide Permits

Williams Mullen on 7/20/2016

In early June, the U.S. Army Corps of Engineers (“Corps”) proposed to reissue its nationwide permits (“NWPs”) for certain wetland impacts. The proposed changes present some interesting issues and new opportunities for...more

Environmental Notes - July 2016

Williams Mullen on 7/20/2016

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

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