A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more
On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...more
The U.S. Supreme Court issued its long-awaited decision yesterday in the case of Sackett v. EPA, upending wetland regulation nationwide and dealing a significant blow to the Biden Administration’s rulemaking to define the...more
On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more
2/7/2022
/ Appeals ,
Biden Administration ,
Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters Protection Rule ,
Petition for Writ of Certiorari ,
Proposed Rules ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In environmental law, it’s hard to imagine a topic shrouded in more uncertainty and confusion than the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). After numerous Supreme Court...more
The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more
3/30/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Coal ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
NAAQS ,
NEPA ,
OMB ,
PFAS ,
Regulatory Freeze ,
Risk Management ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
On February 5, 2021, the U.S. Environmental Protection Agency (EPA) issued updated Frequently Asked Questions (FAQs) regarding its Audit Policy Program, signaling that the Biden Administration will continue to support...more
Today, the Environmental Protection Agency (“EPA”) published notice of draft guidance (the “Draft Guidance”) intended to assist regulated entities and permitting authorities in applying the United States Supreme Court’s...more
On July 27, 2020, the Utah Department of Environmental Quality (DEQ) and Region 8 of the Environmental Protection Agency (EPA) (collectively, the “Parties”) entered into a Memorandum of Agreement (MOA) related to self-audits...more
In recent months, EPA has taken significant regulatory steps to address per- and polyfluoroalkyl substances (PFAS), a large group of so-called "forever chemicals" used in consumer products and industrial processes that are...more
On June 1, 2020, the U.S. Environmental Protection Agency (EPA) released a Final Rule revising its regulations implementing Section 401 of the Clean Water Act (CWA). Section 401 gives states and tribes the authority to...more
On April 23, 2020, the U.S. Supreme Court in a 6-3 decision held that the Clean Water Act (CWA) requires a permit for either a direct discharge from a point source into navigable waters, or the functional equivalent of a...more
4/29/2020
/ 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
On March 26, 2020 EPA issued a temporary policy for enforcement of environmental legal obligations during the COVID-19 pandemic. The policy provides the framework for the agency's use of its enforcement discretion where...more
On September 12, 2019, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a final rule (the “Repeal Rule”) repealing the Obama administration’s 2015 “waters of the United States”...more
On April 10, 2019, President Trump issued a pair of Executive Orders aimed at streamlining Clean Water Act permitting of the nation’s energy infrastructure. The Executive Order on Promoting Energy Infrastructure and Economic...more
4/25/2019
/ Certifications ,
Clean Water Act ,
Energy Projects ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
NPDES ,
Section 401 ,
Trump Administration ,
Water Quality ,
Waters of the United States
On April 2, 2019, the Environmental Protection Agency (EPA) issued a proposed rule intended to modernize the regulations governing ignitable liquids hazardous waste determinations under the Resource Conservation and Recovery...more
More than three years after the August 2015 effective date of the Obama-era Waters of the United States rule ("WOTUS Rule"), the regulated community is no closer to clarity regarding which waters qualify for protection under...more
In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more
3/15/2018
/ Draft Guidance ,
Flood Management ,
Infrastructure ,
Permits ,
Policies and Procedures ,
Public Comment ,
Public Works ,
Risk Management ,
US Army Corps of Engineers ,
Utilities Sector ,
Water Resources Facilities
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
2/22/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Coal Industry ,
Deregulation ,
Discharge of Pollutants ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hughes v United States ,
Hydropower ,
Jurisdiction ,
Marks v US ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Rapanos v US ,
Renewable Energy ,
SCOTUS ,
Split of Authority ,
Stormwater Discharge Permits ,
Trump Administration ,
Underground Injection Wells ,
Unduly Burdensome ,
US Army Corps of Engineers ,
Wastewater ,
Waters of the United States