On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean...more
6/14/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act...more
1/16/2023
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Reform ,
Sackett ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more
9/29/2022
/ Best Management Practices ,
Boston ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Industrial Storm Water Permit ,
NPDES ,
Pollution Control ,
Storm Water ,
Water Pollution ,
Watershed
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more
4/12/2022
/ Certification Requirements ,
Clean Water Act ,
Delays ,
Energy Projects ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Judgment on the Merits ,
Louisiana et al v American Rivers et al ,
Pipelines ,
SCOTUS ,
Section 401 ,
Stays ,
Trump Administration
This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. ...more
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more
9/24/2021
/ Clean Water Act ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Hazardous Substances ,
NPDES ,
Permits ,
Point Sources ,
SCOTUS ,
Wastewater
Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) promulgated revised regulations on Environmental Use Restrictions (EURs). These revised regulations impose new obligations on owners...more
In these days of working from home and managing countless other demands on our time, we offer this post to help you decide whether to add the latest Clean Water Act (CWA) cases and rules to your must-see legal watch list....more
5/13/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Inland Waterways ,
Manufacturing Facilities ,
Navigable Waters ,
Trump Administration ,
Waters of the United States
On December 11, 2018, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced proposed changes to the agencies’ definition of “waters of the United States” (WOTUS). This...more
12/28/2018
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
NPDES ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
OVERVIEW -
In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more