News & Analysis as of

Administrative Procedure Act NPDES

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

Pillsbury - Gravel2Gavel Construction & Real...

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

Foley Hoag LLP - Environmental Law

Can “Guidance” Ever Be Binding?

Last week, the 9th Circuit Court of Appeals rejected a challenge to EPA guidance that suggested a new statistical method, the Test of Significant Toxicity, for determining the toxicity of discharges subject to NPDES permits. ...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

Bracewell LLP on

Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Foley Hoag LLP - Environmental Law

Two Strikes Against the Administration’s WOTUS Suspension Rule

In August, a judge in South Carolina issued a nationwide injunction against the “Suspension Rule,” which delayed the effective date of the 2015 Waters of the United States rule. Now, a judge in Oregon has gone even further....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Commercial/Industrial/Institutional ("CII") Stormwater Sources: Federal Court Addresses Whether NPDES Permitting is Required

A United States District Court (Central District of California) (“Court”) addressed in an August 9th opinion an issue involving the application of the Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphorus/Clean Water Act: U.S. EPA Environmental Appeals Board Petition Challenging Sandpoint, Idaho NPDES Permit

The Idaho Conservation League (“ICL”) filed a July 11th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions in a...more

Williams Mullen

EPA’s Water Transfers Rule Resurrected, but For How Long?

Williams Mullen on

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

K&L Gates LLP

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide