Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more
1/11/2024
/ CERCLA ,
Civil Monetary Penalty ,
Clean Air Act ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
OSHA ,
RCRA ,
Regulatory Violations ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA) ,
USEPA ,
Workplace Safety
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more
Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties....more
Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then...more
4/28/2020
/ 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 ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’...more
12/21/2018
/ 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
Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more
Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more
2/14/2018
/ Administrative Procedure Act ,
Applicability Date ,
Clean Water Act ,
Due Process ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Inland Waterways ,
National Wildlife Foundation ,
Navigable Waters ,
NRDC ,
State and Local Government ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more
11/15/2016
/ Clean Power Plan ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Land ,
Fracking ,
Greenhouse Gas Emissions ,
Groundwater ,
Mineral Leases ,
Moratorium ,
National Enforcement Initiatives (NEIs) ,
Offshore Drilling ,
Paris Agreement ,
Presidential Elections ,
Renewable Energy ,
Repeal ,
Stream Protection Rule ,
Supreme Court Appointments ,
Trump Administration ,
Waters of the United States
Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts.
In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA)...more
Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more
6/6/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more
12/18/2015
/ Administrative Appeals ,
Administrative Procedure Act ,
Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Ripeness ,
SCOTUS ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency last week finalized its rule to “modernize” Clean Water Act (CWA) regulatory reporting requirements for municipalities, industries, and other facilities....more
The EPA and Army Corps of Engineers recently released its Final Clean Water Rule: Definition of “Waters of the United States.”
We had previously blogged about the Agency’s draft of the proposed rule that was distributed...more