News & Analysis as of

Clean Water Act Environmental Protection Agency

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 -

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

by Snell & Wilmer on

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Extends Comment Period For Draft Guidance For Pesticide Registrants On Notifications, Non-notifications, And Minor Formulation Amendments: On October 5, 2017, the U.S. Environmental Protection Agency (EPA)...more

Voluntary Disclosure/Multi-Media Enforcement: U.S. Environmental Protection Agency and Clean Energy Production Company Enter into...

The United States Environmental Protection Agency (“EPA”) published a Notice in the Federal Register announcing a Consent Agreement (“CA”) with ENEL Green Power North America, Inc. (“EGP”) resolving alleged violations of...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Variances Under the Clean Water Act/New Developments in the Use of an Old Tool: Jordan Wimpy (Mitchell Williams) Arkansas...

Jordan P. Wimpy undertook a presentation at the Arkansas Environmental Federation’s annual Convention and Trade Show titled: Variances Under the Clean Water Act – New Developments in the Use of an Old Tool...more

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Northwest Environmental Advocates (“NEA”) filed a November 6th Clean Water Act Citizen Suit Action in U.S. District Court in Washington alleging that the United States Environmental Protection Agency (“EPA”) had failed...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Ninth Circuit Issues Guidance on RCRA Section 1006 Anti-Duplication Provision

On November 2, the U.S. Court of Appeals for the Ninth Circuit issued its long-awaited ruling in Ecological Rights Foundation v. Pacific Gas & Electric Company, which clarifies the Resource Conservation and Recovery Act’s...more

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Happy Birthday!: Clean Water Act Turns 45 Today

The Clean Water Act was enacted in 1972. As a result, it turns 45 today. President Richard Nixon is credited with the creation of the United States Environmental Protection Agency and signing of the National Environmental...more

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

Recap of Recent Oral Argument Before SCOTUS: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC

Last week, the U.S. Supreme Court heard oral argument in two significant cases: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC. In National Association of Manufacturers, the Court is being asked to...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82...more

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Concrete Aggregate Processing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Super Concrete Corporation (“SCC”) entered into a September 7th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Water Act...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Hurricane Irma Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins in Florida, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Effluent Limitations Guidelines/Clean Water Act: U.S. Environmental Protection Agency Postpones Compliance Dates for Steam...

The United States Environmental Protection Agency (“EPA”) released a prepublication version of a final rule to be published in the Federal Register that postpones certain compliance dates for Clean Water Act effluent...more

Trump Track: WOTUS Wrangle

by Davis Wright Tremaine LLP on

We have strange bedfellows, as business groups, states and environmentalists maneuver before the Supreme Court over the Obama Administration regulation defining “waters of the US” (“WOTUS”) under the Clean Water Act (CWA)....more

Administration Invites Additional Public Comment on "Waters of the United States" Rulemaking

by Clark Hill PLC on

The U.S. Army Corps of Engineers and the Environmental Protection Agency will hold nine teleconferences to solicit public comments and recommendations on revising the definition of "Waters of the United States" under the...more

Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

U.S. Environmental Protection Agency Assistant Administrator Office of Water: Trump Administration Nominates David Ross

The United States Environmental Protection Agency (“EPA”) announced in a September 2nd news release the nomination of David Ross to serve as Assistant Administrator for the Office of Water....more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

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