The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more
4/5/2024
/ CERCLA ,
Clean Water Act ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Contaminated Properties ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
Mitigation ,
PFAS ,
Proposed Rules ,
Public Health ,
Safe Drinking Water Act ,
Site Remediation ,
Wastewater
The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more
More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more
The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more
8/3/2023
/ Clean Air Act ,
Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
FIFRA ,
New Source Performance Standards (NSPS) ,
NPRM ,
PFAS ,
Proposed Regulation ,
RCRA ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Safe Drinking Water Act ,
State Implementation Plans (SIPs) ,
Toxic Substances Control Act (TSCA)
The U.S. Environmental Protection Agency (EPA) published a proposed rule on June 9, 2022, to revise the requirements for water quality certification under the Clean Water Act (CWA) Section 401. The proposed rule changes both...more
According to the Spring 2021 Unified Agenda, the U.S. Environmental Protection Agency (EPA) expects to promulgate its new Vessel Incidental Discharge National Standards of Performance any time now (originally expected by the...more
On March 29, 2021, the Federal Energy Regulatory Commission (FERC) published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act in the Federal Register...more
4/5/2021
/ Amended Regulation ,
Certification Requirements ,
Clean Water Act ,
FERC ,
Final Rules ,
Liquid Natural Gas ,
Natural Gas ,
Natural Gas Act ,
Pipelines ,
Regulatory Authority ,
Tribal Lands ,
Water Quality
With little fanfare and no significant changes from the draft published April 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized modifications to the Clean Water Act (CWA) National Pollutant Discharge...more
The U.S. Environmental Protection Agency (EPA) issued a press release on Nov. 30, 2020, describing recommendations from the per- and polyfluoroalkyl substances (PFAS) National Pollutant Discharge Elimination System (NPDES)...more
On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more
10/20/2020
/ Certification Requirements ,
Clean Water Act ,
Comment Period ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FERC ,
Liquid Natural Gas ,
Natural Gas ,
Natural Gas Act ,
NPRM ,
Pipelines ,
Water Quality
On July 14, 2020, the Massachusetts Department of Environmental Protection (MassDEP) issued a public notice regarding Shire Human Genetic Therapies' Cambridge facility's pollutant discharges to the Alewife Brook, along with a...more
With issuance of the June 29, 2020, memorandum by the U.S. Environmental Protection Agency (EPA) indicating that the temporary policy regarding EPA's exercise of enforcement discretion during the COVID-19 public health...more
On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more
4/28/2020
/ Appeals ,
Citizen Suits ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated
On March 31, David A. Hindin, the director of the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance, issued a Temporary Advisory for National Pollutant Discharge Elimination System...more
The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more
6/19/2019
/ Certification Requirements ,
Clean Water Act ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FERC ,
Natural Gas ,
Navigable Waters ,
New Guidance ,
Oil & Gas ,
Pipelines ,
Regulatory Authority ,
Section 401 ,
US Army Corps of Engineers ,
Water Quality
On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued a prepublication draft of an Interpretative Statement clarifying the application of Clean Water Act (CWA) National Pollution Discharge Elimination...more
On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more
1/10/2019
/ Amicus Briefs ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Petition for Writ of Certiorari ,
Public Comment ,
Solicitor General ,
Surface Water ,
Water
The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more
4/24/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Permits ,
Point Sources ,
Public Comment ,
Public Works ,
Senate Committees ,
Surface Water ,
Water Pollution ,
Waters of the United States
• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more
3/14/2018
/ Business Expenses ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Fines ,
IRS ,
Penalties ,
Rulemaking Process ,
Settlement Agreements ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Reform ,
Trump Administration
On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more
2/26/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Federal Register ,
Groundwater ,
NPDES ,
Public Comment ,
Safe Drinking Water Act ,
Surface Water ,
Underground Injection Wells ,
Wastewater