News & Analysis as of

Clean Water Act › Tribal Governments

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 -
Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

Cozen O'Connor on

A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

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

Clean Water Act/Section 404: Miccosukee Tribe of Indians of Florida Challenge U.S. Environmental Protection Agency Delegation to...

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

The Miccosukee Tribe of Indians of Florida (“Miccosukee”) filed an August 4th Complaint in the United States District Court for the Southern District of Florida against the United States Environmental Protection Agency...more

Brownstein Hyatt Farber Schreck

Change is Afoot: EPA Revisiting Section 401 Program

Brownstein Hyatt Farber Schreck on

More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more

Stoel Rives LLP

Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

Stoel Rives LLP on

On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

Morgan Lewis - Power & Pipes on

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

Allen Matkins on

EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

Best Best & Krieger LLP

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications

Best Best & Krieger LLP on

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

Pierce Atwood LLP on

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

Nossaman LLP

NRD Consent Decree Shows Innovation Alive & Well at DOI

Nossaman LLP on

On June 3, 2019, the United States lodged a proposed Consent Decree under the Clean Water Act and the Oil Pollution Act that would resolve a suite of natural resource damages (NRD) claims by federal, state, and tribal...more

Snell & Wilmer

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

Snell & Wilmer on

On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

Stoel Rives LLP on

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Downey Brand LLP

U.S. EPA Region 9 Enforcement Priorities Revealed

Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

K&L Gates LLP

The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

K&L Gates LLP on

Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide