EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications -
The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
County of Maui v. Hawai’i Wildlife Fund -
Last week, the Supreme Court announced a 6-3 decision in the case of County of Maui v. Hawai’i Wildlife Fund. The decision involves whether a federal permit is required under the...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 -
On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more
4/23/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Property Owners ,
Public Agencies ,
Regulatory Reform ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
New Thresholds Impact Wider Swath of Public Water Suppliers -
Yesterday the California State Water Resources Control Board lowered its Response Levels for PFAS in drinking water to 10 parts per trillion for PFOA and 40...more
2/7/2020
/ Contamination ,
Critical Infrastructure Sectors ,
Drinking Water ,
Hazardous Substances ,
Pollution Control ,
Public Health ,
Regulatory Reform ,
Statistical Sampling ,
Threshold Requirements ,
Toxic Chemicals ,
Water Resources Control Board ,
Water Supplies
EPA and Army Corps of Engineers Give New Waters of the U.S. Definition -
The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of “Waters of the United States” that...more
1/24/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Manufacturing Facilities ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
WOTUS Definition Court Challenges Continue -
The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more
10/31/2019
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
California regulations protecting wetlands and state waters were approved and will take effect on May 28, 2020. These new rules by the California State Water Resources Control Board create a more expansive and complex...more
New Response Thresholds and Regulations in the Works for Public Water Suppliers -
California has now established the strictest notice levels for PFAS substances of any state in the U.S., and is moving to establish new...more
The State Water Resources Control Board voted this week to increase state protections for wetlands by adopting both a new wetlands definition and procedures for obtaining associated dredge and fill permits. The regulations...more
The Trump Administration’s proposed rule defining “Waters of the United States” under the federal Clean Water Act was published last week in the Federal Register....more
2/18/2019
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
For the second time in the last 4 years, and the seventh since the Clean Water Act was adopted in 1972, the federal government has revised the definition of the term “Waters of the United States” for the purposes of the...more
12/13/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
6/22/2018
/ Appeals ,
Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Liability ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Flood Control ,
Groundwater ,
Municipalities ,
NPDES ,
Permits ,
Public Comment ,
Rulemaking Process ,
Surface Water ,
Waste Disposal ,
Wastewater ,
Water Management
The Supreme Court issued a decision last week regarding which federal courts have jurisdiction to hear challenges to the 2015 Waters of the U.S. Rule....more
1/29/2018
/ Appeals ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Judicial Review ,
Jurisdiction ,
Jurisdictional Determination (JD) ,
National Association of Manufacturers v DOD ,
Navigable Waters ,
SCOTUS ,
Waters of the United States
Recently, the U.S. Environmental Protection Agency and Army Corps of Engineers published a proposed rule that re-codifies a decades-old definition of “waters of the United States,” which are waterbodies that are subject to...more
Today, the U.S. Sixth Circuit Court of Appeals granted a request to hold the pending challenge to EPA’s Waters of the United States rule in temporary suspension. The case will be on hold while the Supreme Court decides...more
The Milwaukee Metropolitan Sewerage District has extended its agreement with Veolia North America to manage and operate its collection and wastewater treatment system under a 10-year, $500 million contract, according to this...more
Nationwide Stay of WOTUS Rules Remains in Effect -
On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more
The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August -
In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...more
Injunction Applies Only to 13 States That Are Parties to the Case
On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more
The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more
The State Water Resources Control Board released a draft Safe Drinking Water Plan for California. The draft plan assesses the quality of the state's drinking water, identifies specific water quality problems, analyzes known...more
Water Resources Reform and Development Act (H.R. 3080) authorized flood protection, navigation and ecosystem restoration projects to help upgrade the nation’s aging infrastructure. A key WRRDA provision requires local project...more
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
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
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