News & Analysis as of

Clean Water Act Federal Register

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

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

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

Consideration of Greenhouse Gas Emissions/Climate Change: Council on Environmental Quality Issues Interim National Environmental...

The Council on Environmental Quality (“CEQ”) published in the January 9th Federal Register a document titled: National Environmental Policy act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change...more

Vinson & Elkins LLP

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

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The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

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

RCRA Wastewater Treatment Unit Exemption: U.S. Environmental Protection Agency Interpretive Letter

United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Director Carolyn Hoskinson transmitted a September 9th letter providing an interpretation of the Resource Conservation and...more

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

Snail Darter/Endangered Species Act Delisting: The Fish that Faced Off Against the Tennessee Valley Authority Is Classified as...

The United States Fish and Wildlife Service (“Service”) issued a pre-Federal Register publication final rule removing the snail darter from the federal Endangered Species Act (“ESA”) List of Endangered and Threatened...more

Fox Rothschild LLP

Environmental Protection Agency Seeks Comments on Draft Recommended Aquatic Life Ambient Water Quality Criteria for PFOA and PFOS

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Earlier this month, the Environmental Protection Agency (EPA) published in the federal register its notice of availability to comment on its Draft Recommended Aquatic Life Ambient Water Quality Criteria for Perfluorooctanoic...more

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

2022 NPDES General Permit for Stormwater Discharges from Construction Activities: U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a January 24th Federal Register notice for its 2022 Clean Water Act National Pollution Discharge Elimination System (“NPDES”) general permit for stormwater...more

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

Concentrated Animal Feeding Operations/Clean Water Act: Food & Water Watch Petition Challenging the U.S. Environmental Protection...

The organization Food & Water Watch (“FWW”) filed a document styled: Petition for Review of an Action by the U.S. Environmental Protection Agency (“Petition”) The Petition is filed pursuant to Section 509(b)(1) of...more

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

Clean Water Act/Section 404 Program: Environmental Organizations Judicial Challenge to U.S. Environmental Protection Agency...

Earthjustice and a number of other environmental organizations filed a January 14th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the United States Environmental Protection Agency’s (“EPA”)...more

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

2021 NPDES Multi-Sector General Permit for Industrial Stormwater Discharges: U.S. Environmental Protection Agency Issues...

The United States Environmental Protection Agency (“EPA”) issued a pre-publication Federal Register Notice for its 2021 Clean Water Act National Pollution Discharge Elimination System Multi-Sector General Permit for...more

Troutman Pepper

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

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On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for state agencies or other certifying authorities (“Certifying Agencies”) to act...more

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

National Wetland Plant List: U.S. Army Corps of Engineers Public Notices 2020 Revisions

The United States Army Corps of Engineers (“Corps”) published a May 18th Notice in the Federal Register announcing the availability of the 2020 National Wetland Plant List (“NWPL”). See 85 Fed. Reg. 29689. The Corps...more

Bilzin Sumberg

Navigable Waters Protection Rule Published in Federal Register

Bilzin Sumberg on

On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register.  ...more

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

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

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

National Wetland Plant List: U.S. Army Corps of Engineers Public Notices 2019 Revisions

The United States Army Corps of Engineers (“Corps”) published a June 10th Notice to the Federal Register announcing the availability of the final 2019 National Wetland Plant List (“NWPL”). See 84 Fed. Reg. 26824. ...more

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

NPDES Program Update: U.S. Environmental Protection Agency Federal Register Notice Issuing Final Rule

The United States Environmental Protection Agency (“EPA”) published a February 12th Federal Register notice finalizing certain revisions to the Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

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

Final Effluent Guidelines Program Plan/Clean Water Act: U.S. Environmental Protection Agency May 2nd Federal Register Notice

The United States Environmental Protection Agency (“EPA”) announced in a May 2nd Federal Register Notice the Final 2016 Effluent Guidelines Program Plan (“Plan”). See 83 Fed. Reg. 19281....more

Sheppard Mullin Richter & Hampton LLP

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Holland & Knight LLP

EPA Seeks Comment on ‘‘Discharges of Pollutants’’ via a Direct Hydrologic Connection to Surface Water

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On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more

Akin Gump Strauss Hauer & Feld LLP

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

Morgan Lewis

EPA Issues Stringent Effluent Limitation Guidelines for Steam Electric Power Plants

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The final rule, touted by EPA as eliminating environmental impacts and cancer risks, substantively changes longstanding regulations regarding steam electric power plants. On September 30, the US Environmental Protection...more

Troutman Pepper

EPA's NPDES Electronic Reporting Rule: A Step Toward A Next Generation Compliance Strategy

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The final rule strives to take advantage of information technology, allowing resources to be used more efficiently and effectively, and giving the EPA, states and the public better access to key data. Implementation will...more

Bergeson & Campbell, P.C.

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

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Foley & Lardner LLP

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

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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

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