Clean Water Act, NPDES, US Army Corps of Engineers

Creating Confidence in Clean Water Permitting Act: U.S. House of Representatives Passes Legislation

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/2/2024

The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

Pillsbury Winthrop Shaw Pittman LLP on 2/26/2024

Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more

We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges...

Mintz on 1/5/2024

Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...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

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/12/2023

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

New WOTUS Rule Significantly Narrows Federal Jurisdiction under Clean Water Act

Holland & Hart LLP on 9/5/2023

On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...more

Waters of the United States Clean Water Act: Aggregate Producers/Agricultural Organizations/Contractors File Judicial Challenge to...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/25/2023

A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

EPA and the Corps Promulgate a “Durable” WOTUS Rule — Proving Only That There Is a Difference Between Hope and Expectation

Foley Hoag LLP - Environmental Law on 1/4/2023

Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting, allowing the rule to be as...more

Waters of the United States/Sackett v. US. Environmental Protection Agency: National Association of Clean Water...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/1/2022

The National Association of Clean Water Agencies (“NACWA”) and Waterkeeper Alliance (“Waterkeeper”) each filed Amicus Briefs in the Supreme Court of the United States appeal styled: Michael Sackett, et ux. v. U.S....more

WOTUS: What to Watch For in 2022

(ACOEL) | American College of Environmental... on 3/31/2022

In 2022, the on-going debate will continue over the hotly contested definition of “waters of the United States” (WOTUS), a phrase that determines the scope of federal jurisdiction over streams, wetlands and other waterbodies...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S. Army Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/3/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more

Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: 117 Democratic Congressmen...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/22/2022

One hundred and seventeen Democratic members of the United States House of Representatives sent a February 7th letter to the Administrator of the United States Environmental Protection Agency (“EPA”) and Assistant Secretary...more

Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: 50 Republican Senators Ask...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/22/2022

The 50 Republican United States Senators sent a February 3rd letter to the Administrator of the United States Environmental Protection Agency (“EPA”) and Assistant Secretary of the Army for Civil Works (“Corps of Engineers”)...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S. Army Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/3/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a Consent Administrative Order (“CAO”) addressing alleged...more

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

Pillsbury - Gravel2Gavel Construction & Real... on 2/2/2022

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

Biden Administration Presses Forward With Revised WOTUS Rule

Troutman Pepper on 2/1/2022

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States”...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/30/2021

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 15th Consent Administrative Order (“CAO”)...more

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Pre-Proposal Comments

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/22/2021

The Association of Clean Water Administrators (“ACWA”) submitted on September 9th what it describes as “pre-proposal” comments regarding the Clean Water Act definition of waters of the United States (“WOTUS”). The...more

Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program: Arkansas Department of Energy and Environment -...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/24/2021

The Arkansas Department of Energy and Environment - Division of Environmental (“DEQ”) has set up an agency task force to potentially seek delegation of the Section 404 Clean Water Act permitting program. The ability of...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Announces Intent to Revise...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/11/2021

The United States Environmental Protection Agency and Department of the Army (collectively “EPA”) announced in a June 9th news release their intent to revise the Clean Water Act definition of waters of the United States...more

WOTUS Encore: The Fate of the Navigable Waters Protection Rule and Implications for Groundwater

Ward and Smith, P.A. on 2/8/2021

It seems like yesterday, but it was actually last summer when the United States Environmental Protection Agency and Army Corps of Engineers published the Navigable Waters Protection Rule, effective June 22, 2020 (the "Rule")....more

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/27/2021

The 93rd Arkansas General Assembly convened for regular session on January 11th. The pre-filing of bills and resolutions began on November 16th. House Bill 1261 (“HB 1261”) was introduced on January 25th which would...more

U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coastal Waters and Updates the Existing...

K&L Gates LLP on 8/25/2020

The U.S. Army Corps of Engineers (USACE) recently circulated a draft proposal to renew its existing Nationwide Permits (NWPs) as well as create two new NWPs that would authorize seaweed and finfish aquaculture in coastal...more

Yet Another WOTUS Rule: Will This One Float?

Stoel Rives LLP on 1/28/2020

On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Environmental and Regulatory Highlights of the Fall 2019 Unified Agenda of Regulatory Actions

Pillsbury - Gravel2Gavel Construction & Real... on 1/7/2020

In late December, the Office of Management and Budget (OMB) released the “Fall 2019 Unified Agenda of Regulatory Actions” just a few days before the Calendar turned to the year 2020....more

Clean Water Act › NPDES › US Army Corps of Engineers

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