News & Analysis as of

Clean Water Act

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

House Agriculture Committee Unveils Draft Farm Bill 2018

by Bergeson & Campbell, P.C. on

On April 12, 2018, House Agriculture Committee Chairman Michael Conaway (R-Texas) released the Committee’s draft Farm Bill reauthorization, the “Agriculture and Nutrition Act of 2018” (H.R. 2). The House Agriculture Committee...more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Fourth Circuit Expands Citizen Suits Under the Clean Water Act; Finds Potential Liability for Discharges Through Groundwater

by King & Spalding on

A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”): — The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more

Another Ruling that Discharges to Groundwater May Be Subject to the Clean Water Act

Last week, the 4th Circuit Court of Appeals – not the most liberal court in the land – joined the 9th Circuit in ruling that discharges from a point source to groundwater can be subject to the Clean Water Act. The decisions...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Issues Draft Guidance On Expanded Access To Confidential Business Information: On March 16, 2018, the U.S. Environmental Protection Agency (EPA) released three draft guidance documents for public...more

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Family Farms Threatened by Over-regulation

by Varnum LLP on

On February 7, 2018, American Farm Bureau Federation President Zippy Duvall testified before the Senate Committee on Environment and Public Works and recounted a long list of regulatory abuses and missteps by the federal...more

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA

by Beveridge & Diamond PC on

On April 12, the Fourth Circuit became the second federal court of appeals this year to hold that a point source need not directly introduce pollutants into navigable waters in order for the Clean Water Act’s (CWA)...more

Fourth Circuit Expands Scope of Clean Water Act

by Alston & Bird on

Our Environment, Land Use & Natural Resources Group discusses the Fourth Circuit’s decision to allow a Clean Water Act class action suit to move forward. - Upstate Forever v. Kinder Morgan Energy Partners - The plain...more

EPA Rolls Back Greenhouse Gas Emission Standards for Auto Industry

by Foley & Lardner LLP on

The Trump Administration has taken steps to roll back Greenhouse Gas (GHG) emissions standards applicable to most automobiles in the United States. On April 2nd Environmental Protection Agency Administrator Scott Pruitt...more

U.S. EPA Region 9 Enforcement Priorities Revealed

by Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Expansion of the "Waters of the U.S." Rule Delayed; Replacement Rule in the Works

by Womble Bond Dickinson on

On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

On April 9, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, rejected the challenges to the U.S. Army Corps of Engineers’ (Corps) decision to issue a Clean Water Act (CWA) Section 404 permit to the...more

Nutrient Production Progress Tracker (Version 1.0): Association of Clean Water Administrators March 2018 Report

The Association of Clean Water Administrators (“ACWA”) released a document titled: Nutrient Reduction Progress Tracker – Version 1.0 – 2017 Report 2018 (“Tracker”) ...more

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

by Perkins Coie on

A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more

Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes

by Perkins Coie on

The Clean Water Act requires a permit to discharge pollutants through pipes, ditches, and channels from an oyster hatchery, even though the facility would not be subject to the Act’s permitting requirements as a “concentrated...more

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

by Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

Wetland Mitigation Banks: National Trade Associations' March 12th Comments on U.S. Army Corps of Engineers (Fort Worth District)...

A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more

Water, Water, Everywhere

by Beveridge & Diamond PC on

If it isn’t already, water should be on your mind this year. The excitement of Scituate storm surge and coastal flooding aside, the region – and the U.S. as a whole – is facing a slew of legal developments that may change...more

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

by Lewitt Hackman on

Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Sixth Circuit Holds That Prolonged Permitting Processes Are Not A Final Action Warranting Judicial Review

On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Three Key Takeaways from the Doing Business in the Northeast: 5th Bi-Annual Current Issues in Environment and Energy Conference

While all major energy projects and environmental clean-up projects in the Northeast face numerous challenges—from changes in the interpretations of regulations and in state-level requirements to legal challenges from...more

765 Results
|
View per page
Page: of 31
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.