News & Analysis as of September 25, 2024

Waters of the United States

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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 -

Waters of the United States and Winston Churchill

Mintz on 3/1/2023

Sir Winston Churchill famously said "those that fail to learn from history are doomed to repeat it.” Of course he didn't have the nearly four decade long controversy over the reach of the Federal Clean Water Act in mind but...more

Sackett Preview: Sound and Fury Signaling What Exactly?

(ACOEL) | American College of Environmental... on 10/3/2022

The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. Petitioners are seeking another blockbuster ruling a la West Virginia v EPA that hamstrung EPA’s authority to...more

Environmental Notes - March 2022

Williams Mullen on 3/28/2022

On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more

California Environmental Law & Policy Update - January 2022 #4

Allen Matkins on 1/28/2022

Supreme Court to weigh limits on reach of Clean Water Act - Associated Press – January 25 - The U.S. Supreme Court agreed on Monday to hear an appeal that will test the limits of federal jurisdiction under the Clean...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2021

Bergeson & Campbell, P.C. on 8/19/2021

TSCA/FIFRA/TRI PFAS - Podcast: A thorough discussion of EPA’s proposed PFAS rules is available now on our All Things Chemical™ podcast episode New PFAS: Is anything NOT reportable? — A Conversation with Richard E. Engler,...more

Policy Review Heats Up Under New EPA Administrator Regan

Holland & Hart LLP on 3/30/2021

The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

Frozen! Delayed! Biden Administration to Review Environmental Regulations

Kilpatrick on 3/18/2021

Consistent with former administrations, the Biden administration took early actions to halt or review administrative regulations. One of the earlies administrative actions taken by the Biden administration was to freeze...more

Environmental Enforcement Under a Biden Administration

WilmerHale on 11/10/2020

Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2019

Bergeson & Campbell, P.C. on 2/21/2019

TSCA/FIFRA/TRI - EPA Sued To Issue Pending Methylene Chloride Prohibition Rule: On January 14, 2019, in the U.S. District Court for the District of Vermont, the Vermont Public Interest Group; Safer Chemicals, Health...more

What to Expect in Environmental Regulation for 2019

McGuireWoods LLP on 2/5/2019

Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more

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

Bergeson & Campbell, P.C. on 12/18/2018

TSCA/FIFRA/TRI - EPA Publishes First Draft TSCA Chemical Risk Evaluation: On November 15, 2018, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of and seeking...more

Environmental Notes - October 2018

Williams Mullen on 10/3/2018

EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/16/2018

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

Miles & Stockbridge P.C. on 2/14/2018

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

The New Administration’s Deregulatory Agenda and its Impact on Environmental & Energy Policy

Sullivan & Worcester on 7/28/2017

As seen in the first six months of President Trump’s Administration, the country is on a rollercoaster ride. There is much uncertainty regarding the implementation of new policies and the status of existing programs...more

Environmental Case Law Update

Pillsbury Winthrop Shaw Pittman LLP on 10/17/2016

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Environmental Notes - July 2016

Williams Mullen on 7/20/2016

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

2016 Regulatory Forecast: Environmental & Energy Policy

Balch & Bingham LLP on 12/17/2015

Looking ahead to 2016, federal environmental and energy policies will continue to have a significant impact on businesses across many sectors. That impact will be particularly pronounced as the current Administration...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2015

Bergeson & Campbell, P.C. on 10/19/2015

On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) issued a report, "The DNA of the U.S. Regulatory System: Are We Getting It Right For Synthetic...more

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2015

Bergeson & Campbell, P.C. on 9/17/2015

EPA Releases TSCA Assessment Documents For Flame Retardant Chemicals: On August 18, 2014, the U.S. Environmental Protection Agency (EPA) released for public comment three Problem Formulation and Initial Assessment documents...more

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition

Foley & Lardner LLP on 6/15/2015

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United...more

EPA Seeks Additional Comment on NPDES Electronic Reporting Rule, and Other Recent CWA Developments

Bergeson & Campbell, P.C. on 1/23/2015

EPA Seeks Additional Comment On NPDES Electronic Reporting Rule: On December 1, 2014, the U.S. Environmental Protection Agency (EPA) requested additional comment on the proposed National Pollutant Discharge Elimination System...more

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Bergeson & Campbell, P.C. on 9/16/2014

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

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