Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal...more
5/31/2023
/ Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Popular ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In the ever-evolving world of what constitutes a “waters of the United States” (WOTUS) for purposes of Clean Water Act applicability and regulation, on March 29, 2023, the United States Senate passed Senator Shelley Moore...more
On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more
1/6/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Exclusions ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
New Rules ,
Rapanos v US ,
Section 404 ,
US Army Corps of Engineers ,
Water Quality ,
Waters of the United States ,
Wetlands
On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more
1/28/2021
/ Air Pollution ,
Biden Administration ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Natural Gas ,
NEPA ,
Oil & Gas ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Suspensions ,
Waters of the United States
On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more
1/21/2021
/ Clean Water Act ,
Discharge of Pollutants ,
Dredge and Fill ,
Environmental Policies ,
Jurisdiction ,
Lack of Authority ,
Quality Control Plan ,
Water ,
Water Quality ,
Water Resources Control Board ,
Waters of the United States
Last week, environmental groups, states, and cities filed three complaints in differing federal district court challenging The Navigable Waters Protection Rule: Definition of Waters of the United States (“WOTUS”) (“2020 WOTUS...more
On April 21, 2020, The Navigable Waters Protection Rule: Definition of Waters of the United States (“WOTUS”) (“2020 WOTUS Rule”) was published in the Federal Register, and will become effective on June 22, 2020. Publication...more
On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). Consequently, the...more
On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more
9/4/2018
/ Arbitrary and Capricious ,
Clean Water Act ,
Commercial Property Owners ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
Municipalities ,
NPDES ,
Permits ,
Storm Water ,
Waters of the United States