News & Analysis as of

Permits Clean Water Act

CWA Citizen Suit Dismissed Where Plaintiffs Failed to Allege “Conveyance of Pollutants Into Navigable Waters

On April 20, the U.S. District Court for the District of South Carolina, Anderson Division, dismissed the plaintiffs’ Clean Water Act (CWA) Citizen Suit which alleged that the defendant pipeline operators had violated the CWA...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

by Latham & Watkins LLP on

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...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

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

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

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

by King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Nationwide Permits Reauthorized; Already-Issued Permits to Expire March 2017

Under Section 404 of the federal Clean Water Act (33 U.S.C. § 1344), a permit from the U.S. Army Corps of Engineers (Corps) is required for activities involving the discharge of dredged or fill material into waters of the...more

Discharge Permits Not Required to Transfer Water: Court Upholds EPA Rule

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling confirming the legality of the Environmental Protection Agency’s (“EPA’s”) Water Transfers Rule in Catskill Mountains Chapter of Trout...more

Second Circuit Upholds EPA’s Water Transfers Rule

by Perkins Coie on

The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909,...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

by Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Nationwide Permits Issued and Reissued by the United States Army Corps of Engineers

by Saul Ewing LLP on

In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,...more

New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

by Thompson Coburn LLP on

Can a discharger violate a general narrative state water quality standard incorporated into its national pollutant discharge elimination system (“NPDES”) permit when the permit does not contain specific numeric effluent...more

Global Private Equity Newsletter - Winter 2017 Edition: President Trump: The Outlook for Private Equity

by Dechert LLP on

All eyes are on Washington—or should we say Manhattan—these days, searching for clues about where our ship is heading with U.S. President-elect Donald Trump at the helm. Recently, there have been cabinet appointments to...more

EPA Publishes Final Rule for Small MS4 General Discharge Permits

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

EPA Issues Final 2016 NPDES Pesticide General Permit

by Bergeson & Campbell, P.C. on

On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more

EPA Announces Timeline for VGP 3.0

by K&L Gates LLP on

The Environmental Protection Agency’s (EPA) primary method of regulating ballast water and other discharges is the Vessel General Permit (VGP). Under its Clean Water Act authority, the EPA established the VGP to impose...more

CWA: EPA Settlement Telegraphs Changes to General Permit Coverage for Facilities with Coal Tar Sealed Pavement

by Bergeson & Campbell, P.C. on

On August 16, 2016, the U.S. Environmental Protection Agency (EPA) reached a settlement in Clean Water Act (CWA) lawsuits filed over its 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial...more

Do you need a Section 404 permit for your real estate development?

by Thompson Coburn LLP on

Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. However, other conditions — creeks, streams, ditches or other water...more

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

by Pierce Atwood LLP on

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

by Perkins Coie on

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

Three Strikes and Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal of Approval of Mountaintop Removal Disposal Sites

In 2013, the D.C. Circuit affirmed EPA’s authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit. In 2014, the District Court rejected Mingo Logan’s...more

Regulated Parties – 2, Regulators – 0

by Williams Mullen on

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

DC Court Confirms EPA May Reverse Its Position On Permit Issuance

In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

by Ruder Ware on

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

Comments Due August 15 on EPA Proposal to Remove Emergency Defense from Title V Operating Permit Regulations

by Beveridge & Diamond PC on

On June 14, 2016, EPA proposed to remove the affirmative defense for emergency conditions from the Title V operating permit program regulations. Comments on this proposed rule are due by August 15, 2016. The Title V...more

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