News & Analysis as of September 21, 2024

Clean Water Act › Rulemaking Process

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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 -

North Carolina’s Wetlands Saga is Over (for now)

Williams Mullen on 10/20/2023

As a result of the North Carolina Farm Act of 2023 (Session Law 2023-63), North Carolina’s Department of Environmental Quality (NCDEQ or the Department) may now only regulate wetlands that are subject to federal Clean Water...more

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Pillsbury Winthrop Shaw Pittman LLP on 10/5/2023

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/28/2023

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...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

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

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on 2/23/2023

This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

Sullivan & Worcester on 2/2/2023

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Pre-Publication Notices Program Plan 15

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/26/2023

The United States Environmental Protection Agency (“EPA”) issued a pre-Federal Register Notice referencing the availability of preliminary Effluent Guidelines Program Plan 15 (“Plan 15”). Section 304(m) of the Clean...more

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on 1/20/2023

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Biden Administration Finalizes Redefinition of "Waters of the United States"

Bracewell LLP on 1/4/2023

On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more

Clean Water Act Assurances Under Attack

Schwabe, Williamson & Wyatt PC on 12/23/2022

Earthrise Serves EPA with Notice of Intent to Sue, Challenging Washington’s Forest Practices Rules Nearly 20 years ago, the Washington Forest Practices Board adopted forest practices rules intended to address water quality...more

The Mixed Up World of Blending

(ACOEL) | American College of Environmental... on 5/18/2022

Recently I read a news release that the U.S. Eighth Circuit Court of Appeals had issued a mandamus order against the U.S. EPA. Mandamus order? My mind went back to law school and Marbury v. Madison, which may have been the...more

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on 4/7/2022

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

When it comes to the reach of the Federal Clean Water Act, is rule making a way to find common ground and, if so, why hasn't it...

Mintz on 3/31/2022

Yesterday EPA Assistant Administrator for Water Radhika Fox told an EPA Advisory Committee EPA remains committed to using Federal rule making to find "common ground" respecting the reach of the Federal Clean Water Act. ...more

EPA Announces Regional WOTUS Roundtables

Nossaman LLP on 3/7/2022

On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

Stinson LLP on 12/13/2021

On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

The Continuing WOTUS Saga

Burr & Forman on 12/9/2021

On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap

Pillsbury Winthrop Shaw Pittman LLP on 12/7/2021

The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more

The Next Chapter of the WOTUS Saga is Here

Nossaman LLP on 12/2/2021

On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

EPA Responds to Petition for PFAS Rulemaking

Lathrop GPM on 11/8/2021

EPA announced plans to initiate two rulemakings involving PFAS, one that would list four PFAS compounds as Hazardous Constituents under the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste law, and...more

So, What Exactly Is A Water Of The U.S.?

Snell & Wilmer on 11/4/2021

The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust....more

EPA Takes Action on PFAS in Waste Water

Vinson & Elkins LLP on 10/22/2021

In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

WOTUS, WOTUS, WOTUS...

Williams Mullen on 10/11/2021

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

How Safe is Your WOTUS Harbor?

(ACOEL) | American College of Environmental... on 9/21/2021

In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more

Clean Water Requirements Escalate for PFAS, Nutrients and other Pollutants

Stinson LLP on 9/13/2021

On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more

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Clean Water Act › Rulemaking Process

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