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President Obama Signs Water Resources Reform & Development Act of 2014 #2

President Obama recently signed into law the Water Resources Reform and Development Act of 2014 ("WRRDA"). The President's action follows Congressional approval of the Conference Agreement reached in May by House and Senate...more

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

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...

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

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

Energy & Environment Update - June 2014 #2

In This Issue: - Spotlight: Advanced Biofuels - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of...more

Update on EPA’s Proposed “Waters of the U.S.” Rule

As we highlighted here a couple of months ago, the Environmental Protection Agency (EPA) released a proposed rule in March that could significantly expand the scope of the federal government’s jurisdiction under the Clean...more

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

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

Historic Water Resources Reform and Development Act Enacted into Law

On June 10, 2014, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”) (Public Law No: 113-121). The primary purpose of the bill is to provide funding for improvements to rivers...more

Agencies Extend Comment Period for “Waters of the United States” Proposed Rule

Having received over 60,000 comments already, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers have extended the comment period for their proposed rule defining “waters of the United States.” The...more

President Obama Signs Water Resources Reform & Development Act of 2014

Legislation expands American iron and steel requirement to additional water programs - Earlier today, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”). Today’s action...more

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...more

EPA Promulgates Final Standards for Cooling Water Intake Structures

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

EPA Proposes to Expand Its Own Jurisdiction

For decades, the Environmental Protection Agency has been charged with administering the United States Clean Water Act. One question that has bedeviled farmers, business owners and individuals – as well as judges and lawyers...more

California Environmental Law and Policy Update - May 2014

Environmental and Policy Focus: U.S. officials cut estimate of recoverable Monterey Shale oil by 96% - Los Angeles Times - May 23: Federal energy authorities have slashed by 96 percent the estimated amount of...more

EPA Adopts Fish Protection Standards for Cooling Water Intake Structures

The regulation requires power plants and manufacturing facilities to demonstrate that their cooling water withdrawals minimize fish mortality. The U.S. Environmental Protection Agency (EPA) has issued regulations under...more

EARL e-News: EPA Finalizes Cooling Water Intake Rule for Existing Facilities - Updates on Environmental, Administrative and...

After almost twenty years of signing a consent decree and subsequent litigation, the EPA finalized, on May 19, 2014, a regulation on cooling water intakes for existing power plants and for large existing manufacturers. New...more

EPA Unveils Final Cooling Water Intake Structures Rule

On May 19, the U.S. Environmental Protection Agency (EPA) finalized its long-awaited rule under Section 316(b) of the Clean Water Act (CWA) imposing requirements for cooling water intake structures (CWIS) at power plants and...more

EPA Promulgates Final Cooling Water Intake Rule: Much Ado About Not Very Much?

On Monday, EPA finally announced promulgation of its long-awaited rule governing cooling water intake structures at existing facilities. The rule is certainly important, but it’s not earthshattering and it may be more...more

California Environmental Law and Policy Update

Environmental and Policy Focus: Expanding the definition of "waters of the United States" – EPA's proposed new rule -- Allen Matkins - Apr 23: On April 21, 2014, the United States Environmental Protection Agency (EPA)...more

California Environmental Law and Policy Update - May 2014

Environmental and Policy Focus - California drought: plan would reverse aqueduct flow to send water back to farms: San Jose Mercury News - May 8: Water has flowed from Northern California's snow-capped peaks to the...more

Opposition Builds to Proposed Federal Clean Water Act Rules

Federal agencies face growing opposition from members of Congress and industry regarding a proposed definition of “waters of the United States” under the Clean Water Act (CWA). The scope of federal jurisdiction under the CWA...more

Expanding the Definition of "Waters of the United States" – EPA's Proposed New Rule

On April 21, 2014, the United States Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers formally proposed a rule establishing a regulatory definition of the term "waters of the United States." This...more

EPA Issues Proposed Rule Interpreting Jurisdictional Reach of Clean Water Act: Deadline for Comments on the Proposed Rule is July...

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally issued a Proposed Rule today designed to clarify their regulatory jurisdiction under the Clean Water Act. The Proposed Rule will...more

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

Clarification or More Regulation? Agencies Issue Proposed Waters of the United States Rulemaking

The United States Environmental Protection Agency (“EPA”) and United States Army Corps of Engineers (the “Corps”) on March 25, 2014 jointly issued a proposed rulemaking (Docket No. EPA-HQ-OW- 2011-0880) intended to clarify...more

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