News & Analysis as of September 23, 2024

Natural Resources

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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 -

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

Stinson LLP on 3/29/2024

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

Dissecting Discharges: Recent Ninth Circuit Rulings and EPA Guidelines Interpreting the Clean Water Act

Allen Matkins on 12/22/2023

November was an eventful month for the Clean Water Act (CWA). The Ninth Circuit Court of Appeals issued two decisions last month—which will apply to cases and matters in California and other states within the Ninth...more

House Eyes New Version of the Clean Water Act in Response to Recent U.S Supreme Court Decision

Goldberg Segalla on 11/2/2023

In what has already been a major year for the Clean Water Act, there’s now another attempt to redefine its scope. On October 17, the Clean Water Act of 2023 was introduced by ranking member of the House Committee on...more

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on 8/7/2023

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Supreme Court Reaches Decision on Sackett v. EPA Wetlands Case

Warner Norcross + Judd on 6/2/2023

In Sackett v. EPA, the Supreme Court returned to a question that has dogged them for decades; what constitutes “waters of the United States,” and which wetlands are considered “adjacent” to such waters for purposes of federal...more

California Environmental Law & Policy Update - 12.30.22

Allen Matkins on 1/3/2023

The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

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

Brownstein Hyatt Farber Schreck on 11/17/2022

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

Missouri Nutrient Trading Program: Missouri Department of Natural Resources Public Notices Draft Revisions

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/5/2022

The Missouri Department of Natural Resources (“MDNR”) is public noticing a revised draft of its Missouri Nutrient Trading Program (“Draft”) that was originally announced in April. MDNR states that the document outlines...more

How Can We Chart a Course on Navigable Waters?

Stinson LLP on 9/30/2021

Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Pillsbury - Gravel2Gavel Construction & Real... on 7/15/2021

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....more

Bridging Intention and Outcomes

Brownstein Hyatt Farber Schreck on 5/5/2021

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

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on 1/6/2021

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Environmental Update - January 2020 (Issue 10)

Shumaker, Loop & Kendrick, LLP on 1/14/2020

OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Water - Drinking and Groundwater - Interested Party Review Regarding Revisions to Laboratory Certification Rules: The Department of Drinking and Ground Water (DDAGW) seeks...more

Environmental Update - October 2019 (Issue 7)

Shumaker, Loop & Kendrick, LLP on 10/4/2019

OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Air - Stakeholder Input Requested on Rules – OAC Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards: Ohio EPA...more

Environmental Update - August 2019 (Issue 5)

Shumaker, Loop & Kendrick, LLP on 8/19/2019

Ohio EPA Rulemakings And Announcements - Water - Drinking and Groundwater Division of Drinking and Ground Waters (DDAGW) Proposed Rulemaking Regarding Public Water Systems: DDAGW seeks comments on its proposed rulemaking...more

Monetizing Vacant Land Through Mitigation Banking

Sullivan & Worcester on 6/14/2017

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

Stoel Rives LLP on 11/6/2015

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

K&L Gates LLP on 6/19/2014

Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more

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