Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more
10/8/2021
/ Biden Administration ,
Bodily Injury ,
Clean Water Act ,
Climate Change ,
Defense Strategies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Groundwater ,
Information Reports ,
Obama Administration ,
Property Damage ,
Public Comment ,
SNUR ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
1/13/2020
/ Administrative Procedure ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Environmental Quality ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Gas Prices ,
Obama Administration ,
PFAS ,
Renewable Energy ,
Risk Management ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Waste Treatment Facilities ,
Wastewater ,
Waters of the United States
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION -
The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
7/20/2016
/ Administrative Procedure Act ,
Air Pollution ,
Chemical Safety for the 21st Century Act ,
Clean Air Act ,
Clean Water Act ,
Comment Period ,
Construction Industry ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Final Action ,
Final Rules ,
Hawkes Co v United States Army Corps of Engineers ,
Jurisdictional Determination (JD) ,
Land-Use Permits ,
Manufacturers ,
MATS ,
Mining ,
Occupational Exposure ,
OSHA ,
Power Plants ,
Proposed Amendments ,
Sackett ,
SCOTUS ,
Shipbuilding ,
Silica ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed -
The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
3/17/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
CERCLA ,
Certiorari ,
Chesapeake Bay ,
Clean Water Act ,
Comment Period ,
Damages ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Indemnification ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
Property Owners ,
Proposed Regulation ,
Real Estate Transfers ,
SCOTUS ,
Superfund ,
Takings Clause ,
TMDL ,
TX Supreme Court ,
US Army Corps of Engineers ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waters of the United States ,
Watershed ,
Wetlands
The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more
3/17/2016
/ 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) ,
Property Owners ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more
10/28/2015
/ Barack Obama ,
CERCLA ,
Clean Air Act ,
Clean Water Rule ,
Customs and Border Protection ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Hazardous Waste ,
Importers ,
Imports ,
Proposed Amendments ,
RCRA ,
Toxic Substances Control Act (TSCA) ,
U.S. Customs ,
US Army Corps of Engineers ,
Waste Management ,
Waters of the United States
Clean Water Rule Opens Litigation Floodgates -
With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more
7/21/2015
/ Arsenic ,
Chesapeake Bay ,
Clean Water Act ,
Clean Water Rule ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Farms ,
Form R ,
MATS ,
Michigan v. EPA ,
Mining ,
OSHA ,
Power Plants ,
Toxic Chemicals ,
US Army Corps of Engineers ,
Vapor Intrusion Guidance
In this Issue:
- EPA Issues SIP Call to Eliminate SSM Defense
- EPA and Corps Define “Waters of The United States”
- Frequent Questions: EPCRA 313
- Generators Need to be Vigilant About TCLP Sampling...more
6/15/2015
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
Manufacturers ,
NAAQS ,
Ozone ,
Proposed Regulation ,
RCRA ,
Reporting Requirements ,
Sierra Club ,
Toxic Chemicals ,
US Army Corps of Engineers ,
Waste Disposal