News & Analysis as of September 20, 2024

Mining

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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 -

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/12/2023

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program (UPDATE)

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2021

As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...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

Regulated Parties – 2, Regulators – 0

Williams Mullen on 7/20/2016

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...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

Environmental Notes - July 2015

Williams Mullen on 7/21/2015

Clean Water Rule Opens Litigation Floodgates - 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...more

A Watershed Moment for Business, Industry, and Agriculture: EPA Releases Final Clean Water Rule

Polsinelli on 5/29/2015

On May 27, 2015, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers jointly released a final rule clarifying what bodies of water are subject to federal jurisdiction under the Clean Water...more

Finality! Common Sense Prevails Over Wetlands Jurisdictional Determinations

Beveridge & Diamond PC on 4/20/2015

“All good things come to those who wait,” certainly is not an expression that applies to property owners who receive wetlands jurisdictional determinations (JD) from the Army Corps of Engineers with which they disagree. ...more

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Foley Hoag LLP - Environmental Law on 10/3/2014

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the...more

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Clean Water Act › US Army Corps of Engineers › Mining

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