News & Analysis as of

Water Clean Water Act

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

West Coast Real Estate Update: January 2017 #2

by Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...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

EPA’s Cooperative Federalism Approach to Nutrients in the Mississippi River and Gulf of Mexico Prevails in Fifth Circuit Remand

by Beveridge & Diamond PC on

In a critical decision preserving state authority in water quality management, a U.S. District Court has ruled that EPA has broad discretion to not establish federal numeric nutrient water quality standards because the Clean...more

Water Infrastructure Improvements for the Nation Act — Highlights

Below is a snapshot of the Water Infrastructure Improvements for the Nation Act water-300x200(S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is...more

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

by Pierce Atwood LLP on

Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

California Environmental Law & Policy Update - June 2016

by Allen Matkins on

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

Despite Progress, Energy Bill Remains Out of Reach

The Senate’s bipartisan energy bill continues to be a focal point of legislative debate on Capitol Hill. After a long standstill due to disagreements on how best to address the water crisis in Flint, MI, progress came after a...more

California Environmental Law & Policy Update - January 2016 #2

by Allen Matkins on

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

Supplement — Curtin’s California Land Use

by Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

by Burr & Forman on

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more

California Environmental Law & Policy Update - June 2015 #3

by Allen Matkins on

Environmental and Policy Focus - State Water Contractors accuse California farmers of illegally taking river water: KPCC - Jun 16: The State Water Contractors, an association of 27 public agencies that purchase water...more

California Environmental Law & Policy Update - February 2015 #3

by Allen Matkins on

Environmental and Policy Focus: California lawmakers introduce sweeping new measures to increase renewable energy, cut fossil fuel use - San Jose Mercury News - Feb 10: Last Tuesday, California lawmakers unveiled a...more

California Environmental Law and Policy Update - August 2014 #6

by Allen Matkins on

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

by Nossaman LLP on

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

New Definition of Waters Protected Under the Clean Water Act Proposed

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have proposed a new rule defining the scope of waters protected under the Clean Water Act (CWA)....more

Water, Water everywhere …

by Pierce Atwood LLP on

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...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

by Allen Matkins on

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

EPA Proposes Change to Clean Water Act Rule and Definition of the Term “Waters of the U.S.”

by Best Best & Krieger LLP on

The Environmental Protection Agency recently announced a proposed rule changes related to the Clean Water Act and the definition of the term “Waters of the United States.” If adopted, it is believed they will greatly expand...more

Comment Period Extended for Proposed EPA Rule Substantially Expanding Federal Jurisdiction Over Waters of the U.S., Including...

by Varnum LLP on

On April 21, the United States Environmental Protection Agency ("U.S. EPA") published a proposed rule that expands the federal jurisdiction over "Waters of the United States" under the Federal Clean Water Act ("CWA")....more

EPA Makes Blueberry Farms Collateral Damage in Wetland Battle

by Varnum LLP on

One of the important provisions of the 2013 amendments (2013 P.A. 98 or Act 98) to Michigan's wetland statute (Part 303 of the Natural Resources and Environmental Protection Act) required the Michigan Department of...more

EPA Extends Comment Period on New Rule regarding "Waters of the United States"

by Allen Matkins on

As previously reported, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have jointly proposed a regulation re-defining the term “waters of the United States.” If adopted, the regulation would...more

EPA Promulgates Final Standards for Cooling Water Intake Structures

by K&L Gates LLP on

On May 19, 2014, the Environmental Protection Agency (EPA) released a long-delayed final rulemaking regulating cooling water intake structures at existing facilities under Section 316(b) of the Clean Water Act (CWA). For more...more

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