On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant...more
On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more
Texas hazardous waste law just notably improved—at least for facilities that take advantage of some recent rules. The Texas Commission on Environmental Quality (“TCEQ”) recently approved a rules package effective on February...more
On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs...more
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15,...more
On October 7, 2021, the White House Council on Environmental Quality (“CEQ”) released its notice of proposed rulemaking for revising its implementing regulations under the National Environmental Policy Act (“NEPA”). Long...more
The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more
9/8/2021
/ Arizona ,
Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Pending Legislation ,
Proposed Rules ,
US Army Corps of Engineers ,
Vacatur ,
Waters of the United States
On December 8, 2020, the U.S. Environmental Protection Agency (“EPA”) released a draft guidance memorandum (“Draft Guidance”) to provide guidance to the regulated community and permitting authorities, including the EPA, on...more
12/10/2020
/ Clean Water Act ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Memorandum of Guidance ,
NPDES ,
SCOTUS ,
Wastewater ,
Waters of the United States
While U.S. national elections are still three months away and inauguration day isn’t for well over six months, current national and battleground state polling suggests that a change in Administration seems more likely than...more
As regulated companies and facilities around the country consider their approaches to partially or even fully returning to the workplace – even essential facilities that have remained open but with limited staffing – it seems...more
On April 21, EPA published the revised definition of “Waters of the United States,” or “WOTUS,” in the Federal Register. WOTUS is a lynchpin phrase in the Clean Water Act that determines the jurisdictional reach of multiple...more
On January 23, EPA Administrator Wheeler announced the final rulemaking for the revised definition of “Waters of the United States,” a key phrase in the Clean Water Act that delineates the extent of federal jurisdiction over...more
1/27/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Waste Treatment Facilities ,
Waters of the United States ,
Wetlands