Waters of the United States

News & Analysis as of

More Than (You Thought) You Ever Wanted To Know About Waters Of The United States

Over the past few months, I worked with a number of colleagues from the American College of Environmental Lawyers to provide the Environmental Council of the States with a balanced review of the history and background of how...more

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

EPA Releases Document Seeking To Clarify “Waters Of The U.S.” Rule

EPA on September 8, 2014, released a question and answer (Q&A) document seeking to clarify the scope and purpose of its proposed “Waters of the U.S.” rule. Issued jointly by EPA and the U.S. Army Corps of Engineers (Corps) on...more

Leaked EPA Draft Offers Insight into Upcoming Shale Wastewater Regulations

The rapid expansion of shale drilling in recent years has brought with it an increase in the wastewater that is generated during the fracking process. One fracking well can produce over one million gallons of wastewater in a...more

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...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

Environmental Protection Agency and U.S. Army Corps of Engineers Proposed Rule Defining “Waters of the United States” Under the...

On April 21, 2014, the United States Army Corps of Engineers and the Environmental Protection Agency (collectively the “Agencies”) released a proposed rule to define the scope of waters protected under the Clean Water Act...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

California Environmental Law and Policy Update - July 2014 #2

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.”

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

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 and Army Corps Propose Expansive Regulation Identifying Jurisdictional Waters under the Clean Water Act

In response to the U.S. Supreme Court’s failure to establish definitive guidelines in a recent case, Rapanos v. U.S.,1 the U.S. EPA and the Army Corps of Engineers issued a proposed regulation2 redefining the “waters of the...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

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

Growing Michigan - Second Quarter 2014

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

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

Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program...

In This Issue: - AUTHOR'S ACKNOWLEDGMENTS - GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS ..Early Identification and Assessment of Legal Risks ..Methods for Managing Legal Risks ..Legal Risk...more

Big Changes to Federal Jurisdiction over Waters of the U.S. through the Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the...more

Finding Win-Win Outcomes For Conservation And Utilization

The Magnuson-Stevens Fishery Conservation and Management Act, or MSA, governs marine fisheries management in federal waters of the United States. The statute's purpose is to conserve and manage fisheries resources to rebuild...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

BB&K Attorney Testifies to Congressional Subcommittee on Proposed EPA Clean Water Act Rule

If adopted, the rule will impact local governments and public agencies. In response to the Environmental Protection Agency’s recently announced proposed rule related to the Clean Water Act and the definition of “Waters...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

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