News & Analysis as of

Environmental Protection Agency Clean Water Act

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

by DLA Piper on

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

Top environmental developments in 2017 for ADG companies

by Hogan Lovells on

The Trump administration has made it clear that it will seek to eliminate environmental regulations that it sees as imposing an unjustified economic burden. As is often the case when control of the federal government changes...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 4

by Clark Hill PLC on

Budget Battles: Amid a recess, lawmakers will miss the April 15 target date for adopting a federal budget outline for the second year in a row. While there are no penalties for missing the April 15 date, a slow start for...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

EPA Wastewater Settlement Highlights Industry Focused Enforcement Initiative

by Williams Mullen on

EPA and the Department of Justice recently settled a Clean Water Act enforcement action with EMD Millipore Corp. of Jaffrey, NH, by lodging a Consent Decree in the U.S. District Court for the District of New Hampshire. The...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

by Williams Mullen on

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Presidential Executive Order Begins Rollback of the “Waters of the United States Rule”

by Freeborn & Peters LLP on

The rollback of the controversial Waters of the United States (WOTUS) Rule is underway. Last week, President Trump issued an Executive Order directing the Environmental Protection Agency (EPA) and the Department of the Army...more

President Trump Orders Revisit of "Waters of the United States" Rule

by Clark Hill PLC on

President Donald Trump issued, on February 28, 2017, an Executive Order ("EO") aimed at rescinding and revising the Obama Administration-issued final rule entitled "Clean Water Rule: Definition of 'Waters of the United...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

Clean Water Act Suit in Washington Federal District Court Implicates Pesticide Active Ingredients

by Bergeson & Campbell, P.C. on

On February 21, 2017, the Northwest Environmental Advocates (NWEA) filed a Clean Water Act (CWA) lawsuit in the U.S. District Court for the Western District that involves a number of pesticide active ingredients in addition...more

Implications of “Waters of the U.S.” (WOTUS) Rule Rollback for Pesticide Permitting

by Bergeson & Campbell, P.C. on

President Trump’s February 28, 2017, Executive Order (E.O.) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest...more

“Waters of the US” – The Tide of Uncertainty Rises Again

The controversial definition of “Waters of the United States” (WOTUS), which establishes the reach of federal jurisdiction under the Clean Water Act, has been thrust in a new direction. On February 28, 2017, President Trump...more

President Trump Signs WOTUS Rule's Death Warrant

by WilmerHale on

On February 28, 2017, President Trump signed an Executive Order to begin the process of rescinding or revising the infamous Waters of the United States (or WOTUS) Rule. Years in the making, the WOTUS Rule was supposed to...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

by Morgan Lewis on

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

The Executive Order on the WOTUS Rule: Will It Really Reduce Regulatory Uncertainty?

March 2nd, 2017, President Trump issued another executive order on the environment, this time directing EPA to revisit the EPA rule defining Waters of the United States under the Clean Water Act. It’s a curious order, for a...more

President Trump Orders Reexamination of Controversial Federal Power Grab Under Clean Water Act

by Pessin Katz Law, P.A. on

The Clean Water Act, passed in 1972, allows the EPA and the Army Corp of Engineers to regulate many activities, including development and agriculture, to the extent these activities impact Waters of the United States. Such...more

Trump Issues Order for Review of Clean Water Rule

by Dorsey & Whitney LLP on

On February 28, 2017, President Trump signed an executive order directing the U. S. Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) to review the Clean Water Rule, also known as the Waters of...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

by Perkins Coie on

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

by Latham & Watkins LLP on

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S....more

Briefing Paper on President Trump's Executive Order ane the Definition of "Waters of the United States"

On February 28, 2017, President Trump signed an Executive Order entitled “RESTORING THE RULE OF LAW, FEDERALISM, AND ECONOMIC GROWTH BY REVIEWING THE ‘WATERS OF THE UNITED STATES’ RULE.” The purpose of this briefing paper is...more

WOTUS, We Hardly Knew Ye

With a flourish of his pen, on February 28 President Trump signed an Executive Order aimed at dismantling the ill-fated Waters of the United States (WOTUS) rule. The rule was the latest attempt by EPA and the Army Corps of...more

U.S. Senate Confirms Scott Pruitt as EPA Chief, Signaling Conservative Re-Imagining of EPA’s Role in Society and Government

by Snell & Wilmer on

On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks...more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

by Nossaman LLP on

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

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