News & Analysis as of May 31, 2025

Discharge of Pollutants

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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 -

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

Jones Day on 3/13/2025

On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more

Supreme Court Strikes Down “End-Result” Requirements in NPDES Permits

Kelley Drye & Warren LLP on 3/13/2025

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or “the Agency”) from setting qualitative limits based on the condition of the “receiving waters” that...more

EPA-pocalypse Now!

Seyfarth Shaw LLP on 12/24/2024

Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in...more

EPA Proposes Enforceable Drinking Water Standards For PFAS

Robinson+Cole Environmental Law + on 3/24/2023

Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS). In contrast to non-enforceable health advisory levels...more

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

Akerman LLP on 3/7/2023

Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice...

Jenner & Block on 3/16/2022

On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more