Clean Water Act, Infrastructure

Citizen Suit Enforcement/Clean Water Act: Environment California Files Judicial Action Against Port of Los Angeles

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/30/2024

Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on 6/25/2024

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

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

Troutman Pepper on 6/11/2024

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

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

Troutman Pepper on 6/5/2024

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

Carolinas Environmental Legislative Update

Williams Mullen on 6/4/2024

Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

States Inclusion of Climate Adaption/Related Resilience Efforts in their Clean Water State Revolving Fund Intended Use Plans: U.S....

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/15/2024

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report titled: Half the States Did Not Include Climate Adaption or Related Resilience Efforts in their Clean Water...more

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

Goulston & Storrs PC on 4/9/2024

Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

Permitting Reform in the United States

Womble Bond Dickinson on 4/3/2024

This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Permitting of Combined Sewer Systems/Clean Water Act: U.S. Environmental Protection Agency Public Notices Draft Guidance

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/21/2024

The United States Environmental Protection Agency (“EPA”) has public noticed draft guidance (“ Draft Guidance”) to: . . . to clarify and inform future National Pollutant Discharge Elimination (“NPDES”) permitting actions...more

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/8/2023

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

EPA Withdraws Cybersecurity Rule for Public Water Systems

Troutman Pepper on 11/6/2023

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

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

Pierce Atwood LLP on 8/16/2023

On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

Understanding the EPA’s Final Renewable Fuel Standard Set Rule for 2023, 2024 and 2025

Pillsbury Winthrop Shaw Pittman LLP on 7/14/2023

The EPA issued a final Renewable Fuel Standard (RFS) rule that announces the biofuel volume targets for 2023 – 2025 and provides a first look into the EPA’s plans for implementing the program moving forward. The RFS...more

Clean Water/Drinking Water State Revolving Funds/Arkansas: Council of Infrastructure Financing Authorities Position Paper on...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/10/2023

The Council of Infrastructure Financing Authorities (“CIFA”) issued a position paper addressing its concerns about the impacts of congressional earmarks on Clean Water and Drinking Water State Revolving Funds (“SRFs”). ...more

Oversight of the Clean Water State Revolving Fund: U.S. EPA Office of Inspector General Audit Notification

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/20/2023

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) announced on February 23rd the Notification of an Audit titled: The EPA’s Oversight of the Clean Water State Revolving Fund...more

Clean Water Infrastructure Upgrades: U.S. Environmental Protection Agency Announces $15,178,000 Grant for Arkansas

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/14/2023

The United States Environmental Protection Agency (“EPA”) Region 6 announced in a March 9th news release that it was awarding the State of Arkansas $15,178,000 for its Clean Water State Revolving Fund (“CWSRF”)...more

Building United States Infrastructure Through Limited Delays/Efficient Reviews Act of 2023: U.S. Committee on Natural Resources...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/1/2023

The United States House of Representatives Committee on Natural Resources (“Committee”) is holding a hearing today addressing the following legislation: Building United States Infrastructure through Limited Delays and...more

The Clean Water Act at Fifty/Highlights and Lessons: U.S. House of Representatives Committee on Transportation and Infrastructure...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/30/2022

The Subcommittee on Water Resources and Environment (“Subcommittee”) of the United States House of Representatives Committee on Transportation & Infrastructure held a September 20th hearing titled: The Clean Water Act at...more

On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?

Nossaman LLP on 9/14/2022

From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

More on New England Clean Energy Connect's challenges and what they say about our ability to transition to renewable energy

Mintz on 9/8/2022

Benjamin Storrow's story in E&E News on the challenges faced by the New England Clean Energy Connect project is worth a read. He reports that it would be the third largest supplier of electricity in New England. ...more

[Webinar] Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead? - September 1st, 1:00 pm -...

Nossaman LLP on 8/12/2022