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Clean Water Act › Environmental Policies › Water

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 -
Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

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On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

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Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

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The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Nossaman LLP

EPA’s Final Clean Water Act 401 Rule, Reinstating 1971 Approach, Already Under Fire

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On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more

Downey Brand LLP

USEPA’s New Clean Water Act Section 401 Water Quality Certification Rule Becomes Effective November 27, 2023

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On September 27, 2023, the United States Environmental Protection Agency (USEPA) published its final 2023 Clean Water Act (“CWA”) Section 401 Water Quality Certification Improvement Rule (2023 Rule), which goes into effect on...more

Troutman Pepper

EPA Withdraws Cybersecurity Rule for Public Water Systems

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The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

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The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

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

Recreational Water Quality Criteria/Clean Water Act: U.S. Environmental Protection Agency Releases Second Five-Year Report

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The United States Environmental Protection Agency (“EPA”) issued a May 2023 document titled: Report on the Second Five-Year Review of EPA’s Recreational Water Quality Criteria (“Report”) EPA states that the Report constitutes...more

Troutman Pepper

Another EPA Proposal to Overhaul the Water Quality Standards Program

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EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more

Saul Ewing LLP

Comment Period Open for EPA Settlement to Oversee and Enforce Pennsylvania's Clean Water Obligations

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The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

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PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Brownstein Hyatt Farber Schreck

A New Frontier in Class VI Carbon Storage Permitting on the Horizon

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A promising long-term carbon storage solution could become more viable as the federal government and several states look to speed up the Class VI injection well permitting process. The Safe Drinking Water Act requires the...more

K&L Gates LLP

EPA Proposes New Rules Governing Section 401 Water Quality Certification

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On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

(ACOEL) | American College of Environmental...

From Burning Rivers to Parts Per Trillion: 50 Years of CWA Regulation

(ACOEL) | American College of Environmental... on

Recently, I was asked to moderate a panel to celebrate the 50th anniversary of the Clean Water Act. It gave me the opportunity to think about the power of environmental legislation, specifically in the context of maintaining...more

Troutman Pepper

Diving In: An Interview With Radhika Fox, Assistant Administrator, Office of Water - Reflections on Water Podcast

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Dave Ross talks with Radhika Fox as she marks her one year anniversary as EPA’s Assistant Administrator for Water. They discuss how her prior experiences prepared her for the role at EPA and her desire to change the narrative...more

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

Enactment of Infrastructure Investment and Jobs Act: Energy/Water/Environmental Issues Addressed

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President Biden is expected to sign this week the Infrastructure Investment and Jobs Act (“Act”). A significant portion of the Act addresses a number of energy, water and environmental issues....more

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

Hexavalent Chromium/RCRA: Federal Appellate Court Addresses Potential Liability of Public Water System

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The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a September 29th Opinion the potential liability of a public water system pursuant to the imminent and substantial endangerment...more

Brownstein Hyatt Farber Schreck

Bridging Intention and Outcomes

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Panel discussion takeaways on the intersection of environmental justice, groundwater management and how to better include diverse stakeholders in natural resource issues. On March 24, 2021, the Groundwater Resources...more

Stoel Rives - Environmental Law Blog

Update: State Water Board Adopts Final Winery General Order

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At its January 20, 2021 Board meeting, the State Water Resources Control Board (“SWRCB” or “Board”) adopted its final General Waste Discharge Requirements (“WDRs”) for Winery Process Water (“Winery Order”) and associated...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

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JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Downey Brand LLP

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean...

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On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more

Stoel Rives - Environmental Law Blog

State Water Board Staff Releases Staff Preliminary Draft Statewide Construction Stormwater General Permit and Announces Virtual...

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On November 30, 2020, State Water Resources Control Board (State Water Board) staff released a preliminary staff draft of the Statewide Construction Stormwater General Permit (Preliminary Draft General Permit).  In...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #4

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Congress sends landmark conservation bill to White House - Bullet The New York Times – July 22 - The U.S. House of Representatives on Wednesday passed a measure that, for the first time, guarantees maximum annual funding...more

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