On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects...more
The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more
On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their...more
7/23/2021
/ Air Pollution ,
CERCLA ,
Clean Water Act ,
Consumer Product Companies ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Product Labels ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure ,
Waters of the United States
On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S....more
On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps of Engineers (Corps) announced their intent to...more
On January 13, 2021, the U.S. Army Corps of Engineers (Corps) announced revisions to its Nationwide Permit (NWP) Program under the Clean Water Act. The final rule reissues 12 existing NWPs and creates four new NWPs.
Major...more
here is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant to the hyperbolic, and the...more
In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing...more
On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States...more
On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more
7/4/2017
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Notice and Comment ,
Popular ,
Proposed Rules ,
Public Comment ,
Rescission ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition...more
Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more
9/3/2015
/ Clean Water Act ,
Construction Defects ,
Duty of Care ,
Economic Loss Doctrine ,
Environmental Protection Agency (EPA) ,
Farms ,
Housing Developers ,
Migrant Workers ,
Preliminary Injunctions ,
Subsequent Purchasers ,
Waters of the United States
On August 27, the day before it was set to become final, a federal district court in North Dakota halted implementation of the United States Environmental Protection Agency’s (EPA) and Army Corps of Engineers’ “Waters of The...more