News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Act New Guidance

Mintz

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Mintz on

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

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

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

Mintz

Soon we'll have EPA guidance responding to the Supreme Court's Maui decision, but it may not be much.

Mintz on

The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting.  That presentation says that EPA has drafted new guidance based...more

Nossaman LLP

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

Nossaman LLP on

On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

King & Spalding

EPA Releases a Cumulative Impacts Addendum to its Environmental Justice Tool Kit

King & Spalding on

On January 11, 2023, EPA’s Office of the General Counsel released a Cumulative Impacts Addendum (“Addendum”) to its May 2022 publication Legal Tools To Advance Environmental Justice, continuing to signal its focus on...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

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

Whole Effluent Toxicity/Clean Water Act: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an August 5th Opinion a judicial challenge to nonbinding guidance that had been issued by the United States Environmental Protection...more

Williams Mullen

EPA Issues Clean Water Act Guidance Regarding Discharges to Groundwater

Williams Mullen on

Section 402 of the Clean Water Act (CWA) prohibits the discharge of any pollutant from any point source to navigable waters (“Waters of the United States” or “WOTUS”) unless authorized by a permit (Section 402 NPDES Permits)....more

Williams Mullen

Environmental Notes - March 2021

Williams Mullen on

Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

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

Section 401/Clean Water Act: New England Interstate Water Pollution Control Commission Comments on U.S. Environmental Protection...

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) submitted comments on the United States Environmental Protection Agency (“EPA”) proposed rule titled: Updating Regulations on Water Quality...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

Stoel Rives LLP on

Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

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

Clean Water Act Section 401: U.S. Environmental Protection Issues Guidance for Federal Agencies, States and Authorized Tribes

The United States Environmental Protection Agency (“EPA”) issued a June 7th guidance document titled: Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes (“Guidance”)...more

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

New Regulatory Guidance for Mitigation Banks: U.S. Army Corps of Engineers Issues Regulatory Guidance Letter 19-01

The United States Army Corps of Engineers (“Corps”) Headquarters issued a new Regulatory Guidance Letter (“RGL”) addressing wetland mitigation banks....more

Williams Mullen

Environmental Notes - October 2018

Williams Mullen on

EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more

Williams Mullen

EPA Issues New Contaminated Sediments Guidance

Williams Mullen on

Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

16 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide