Environmental Policies Clean Water Act

News & Analysis as of

California Environmental Law & Policy Update - September 2016

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

EPA Decides No Additional Regulations Are Needed to Address Stormwater Discharges from Forest Roads Under the Clean Water Act

The Environmental Protection Agency (EPA) has determined that, at this time, no additional regulations are needed to address stormwater discharges from forest roads under Section 402(p)(6) of the Clean Water Act (CWA). The...more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more

California Environmental Law & Policy Update - June 2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Environmental Notes - April 2016

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and...more

California Environmental Law & Policy Update - January 2016 #2

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Issue Final Rule Defining “Waters of the United States”...

On May 27, 2015, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corp of Engineers (collectively, the “Agencies”) issued a final rule defining “Waters of the United States” (“WOTUS”) under the Clean Water Act....more

Activists Make Good on Promise to Sue DOT over Pipeline Regs.

On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more

Waters of the U.S. Rule on Nationwide Hold

The U.S. Court of Appeals for the Sixth Circuit stayed nationwide application of a controversial rule designed to clarify what water bodies and wetlands are subject to federal Clean Water Act regulation today in a 2-1...more

Curiouser and Curiouser: Sixth Circuit Not Sure of Jurisdiction but Stays WOTUS Rule Anyway

Does this make sense to you? Eighteen states petitioned the Sixth Circuit to challenge the new rule adopted by EPA and the Corps of Engineers defining “waters of the United States” under the Clean Water Act. Then the...more

Sixth Circuit Issues Nationwide Stay of Clean Water Rule

The U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay of the controversial EPA/Corps of Engineers Clean Water Rule which was effective August 28, 2015. Some 30 states, industry and environmental groups had...more

California Environmental Law & Policy Update - August 2015 #4

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To...

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

EPA/Corps Adopt “Waters of the U.S.” Rule: What’s Next?

Wednesday, EPA and the Army Corps of Engineers released a prepublication version of the final rule defining “waters of the United States,” the jurisdictional trigger under the Clean Water Act. The term needs defining because...more

In BP Gulf Oil Spill Litigation, the District Court Decided Important Legal Questions that will Likely be Appealed, including the...

On September 4, 2014, U.S. District Judge Carl Barbier issued findings of fact and conclusions of law for the trial of the MDL of the Gulf Oil Spill, which included findings that the oil spill was the result of BP Exploration...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

EPA Releases Clean Water Act Final 2012 And Preliminary 2014 Effluent Guidelines Program Plans

On September 16, 2014, the U.S. Environmental Protection Agency (EPA) released its Final 2012 Effluent Guidelines Program Plan (Final 2012 Plan) and the Preliminary 2014 Effluent Guidelines Program Plan (Preliminary 2014...more

Trial Judge Concludes The Deepwater Horizon Spill Caused By BP’s Gross Negligence And Willful Misconduct

On September 4, 2014 the federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability. The court concluded that BP is subject to...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

Environmental Protection Agency and U.S. Army Corps of Engineers Proposed Rule Defining “Waters of the United States” Under the...

On April 21, 2014, the United States Army Corps of Engineers and the Environmental Protection Agency (collectively the “Agencies”) released a proposed rule to define the scope of waters protected under the Clean Water Act...more

The Clean Water Act - Is groundwater included?

There has been much controversy in the courts as to whether groundwater can be defined as “navigable waters” under the Clean Water Act. Courts are split on this decision, with equal numbers of rulings on both sides. One...more

EPA Wins Two Clean Water Cases in One Day: The Fourth Circuit Affirms a Narrow Construction of the Permit Shield Defense

Yesterday, I noted that the D.C. Circuit rejected challenges to EPA’s Enhanced Coordination Process and Final Guidance on Clean Water Act permitting for mining activities. It was not EPA’s only CWA victory. On the same day,...more

California Environmental Law and Policy Update - July 2014 #2

Environmental and Policy Focus: House holds hearing on proposed ‘Waters of the United States’ rule - Association of California Water Agencies - Jul 9: The House Science, Space, and Technology Committee held a hearing...more

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