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Clean Water Act › Tribal Lands

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 -
Allen Matkins

California Environmental Law & Policy Update 9.15.23

Allen Matkins on

The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

Brownstein Hyatt Farber Schreck

Change is Afoot: EPA Revisiting Section 401 Program

Brownstein Hyatt Farber Schreck on

More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more

Allen Matkins

California Environmental Law & Policy Update - June 2022

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EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more

Troutman Pepper

EPA Moves to Elevate Tribal Rights in Water Quality: Changes Could Modify CWA Implementation

Troutman Pepper on

The Environmental Protection Agency (EPA) has initiated two rulemaking actions, both expected to be proposed in early 2022, that could change the way the Clean Water Act (CWA) is administered across the country. ...more

Stoel Rives LLP

Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

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On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more

Morgan Lewis

Biden-Harris Administration Plans to Revise ‘Waters of the United States’ Definition

Morgan Lewis on

In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more

Allen Matkins

California Environmental Law & Policy Update - May 2021

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Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more

Holland & Knight LLP

Final Water Quality Certification Rule Published

Holland & Knight LLP on

On March 29, 2021, the Federal Energy Regulatory Commission (FERC) published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act in the Federal Register...more

Williams Mullen

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

Williams Mullen on

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more

Pierce Atwood LLP

EPA Finalizes Comprehensive Changes to its CWA Water Quality Certifications Rule

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The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more

Allen Matkins

California Environmental Law & Policy Update - June 2020 #4

Allen Matkins on

Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more

Benesch

U.S. EPA Rule Seeks to Curtail State Discretion Under the Clean Water Act to Block Pipelines and Other Infrastructure Projects

Benesch on

On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more

Troutman Pepper

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

Pierce Atwood LLP

EPA Proposes Withdrawal of Maine Fish Consumption Water Quality Standards

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EPA also approves revisions to Maine’s water quality standards - On November 6, 2019 the U.S. Environmental Protection Agency (EPA) issued public notice of a proposed action to withdraw its February 2, 2015 decision that...more

Beveridge & Diamond PC

EPA Proposed Regulations Aim to Further Clarify CWA Section 401 Certification Reviews

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its regulations (40 C.F.R. Part 121) implementing Section 401 of the Clean Water Act (CWA), 33 U.S.C. § 1341. The proposed...more

Dorsey & Whitney LLP

EPA Proposes to Update Clean Water Act Section 401 Regulations

Dorsey & Whitney LLP on

On August 9, 2019, the Environmental Protection Agency (EPA) proposed to update its regulations implementing Section 401 of the Clean Water Act (CWA).  Section 401 allow state and tribal regulators to “veto” a federal permit...more

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

Implementing the 2018 Recommended Aquatic Life Water Quality Criteria for Aluminum: U.S. Environmental Protection Agency Draft...

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

The United States Environmental Protection Agency (“EPA”) issued a Draft Technical Support Document titled: Implementing the 2018 Recommended Aquatic Life Water Quality Criteria for Aluminum (“Draft Document”)...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Husch Blackwell LLP

Update On Wisconsin Indian Tribe’s Lawsuit Against Federal Government

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As mentioned in a prior blog post, the Menominee Indian Tribe of Wisconsin (“Tribe”) sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty...more

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

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

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The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

King & Spalding

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

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On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Allen Matkins

California Environmental Law & Policy Update - September 2016

Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

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This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

BakerHostetler

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

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Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

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