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New Rules Clean Water Act

Brownstein Hyatt Farber Schreck

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more

Mintz

EPA is out with a new rule about the delegation of "dredge and fill" permitting authority. Will any states care?

Mintz on

The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps of Engineers' "dredge and fill" permitting responsibilities under Section 404 of the...more

Schwabe, Williamson & Wyatt PC

Navigating Regulatory Changes: The Ninth Circuit’s CAFO Ruling and Oregon’s New Rules for ‎CAFOs

The Ninth Circuit’s ruling provides temporary relief from new federal water regulations, but Oregon has introduced more stringent state rules with regard to CAFOs. Understanding these changes is vital to stay abreast of the...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Faegre Drinker Biddle & Reath LLP

New EPA Rule Mandates Worst Case Discharge Response Plans for Facilities Handling Hazardous Substances

On March 14, 2024, Environmental Protection Agency (EPA) Administrator Michael Regan signed a final rule requiring a broad swath of facilities to develop response plans (FRP) for a worst-case discharge of Clean Water Act...more

Troutman Pepper Locke

EPA Withdraws Cybersecurity Rule for Public Water Systems

Troutman Pepper Locke on

The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS).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

Snell & Wilmer

EPA Issues Emergency New Rule on Waters of the United States

Snell & Wilmer on

Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act...more

Goldberg Segalla

EPA Revises National Contingency Plan to Assist with Oil Spill Responses

Goldberg Segalla on

In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from...more

Goldberg Segalla

No Resolution in Sight for WOTUS Definition

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The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every...more

Goldberg Segalla

The EPA Proposes New Wastewater Discharge Standards on Coal-Fired Power Plants

Goldberg Segalla on

The Environmental Protection Agency announced on March 29, 2023 new proposed wastewater discharge standards to reduce discharges of toxic metals and other pollutants from coal-fired power plants. Steam electric power plants...more

Goldberg Segalla

New Year, New WOTUS: Is There Resolution in Sight?

Goldberg Segalla on

The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’”(WOTUS) rule will become final on March 20. This latest iteration codifies the agencies’ pre-2015...more

Sullivan & Worcester

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

Sullivan & Worcester on

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

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

Sheppard Mullin Richter & Hampton LLP

Turbulence Ahead for the Clean Water Act: Agencies Redefine “Waters of the United States” as SCOTUS Prepares to Rule in Sackett v....

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more

Vinson & Elkins LLP

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

Vinson & Elkins LLP on

The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

Downey Brand LLP

Biden Administration Finalizes Waters of the United States Rule in Latest Move Involving Ongoing Water Quality Saga

Downey Brand LLP on

On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more

Mintz

Hope is not a strategy when it comes to fixing the Clean Water Act

Mintz on

Bloomberg News reports this morning that the Justice Department has now done in California what it did in Massachusetts a few weeks ago, asking a Federal Court to end litigation challenging the Trump Administration EPA's...more

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

NPDES Permit/Clean Water Act: U.S. Environmental Protection Agency Electronic Reporting Rule/Phase 2 Extension

The United States Environmental Protection Agency (“EPA”) promulgated a final rule in the November 2nd Federal Register addressing the Clean Water Act National Pollution Discharge Elimination System (“NPDES”) Electronic...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

Farella Braun + Martel LLP

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification...more

Allen Matkins

California Environmental Law & Policy Update - May 2020 #2

Allen Matkins on

California and 15 other states sue EPA over new rule reducing reach of federal jurisdiction over waterways - San Francisco Chronicle – May 1 - A coalition of 16 states led by California and New York sued the U.S....more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #3

Allen Matkins on

Montana federal court judge invalidates permit coverage for Keystone XL pipeline; could stymie projects across country - Bloomberg Law – April 15 - The U.S. District Court for the District of Montana on Wednesday...more

Foley & Lardner LLP

Hold Your Water – Navigating the New Rule Defining "Waters of the United States"

Foley & Lardner LLP on

On January 23, 2020, the Department of the Army Corps of Engineers and the U.S. Environmental Protection Agency finalized a rule redefining the scope of federal regulatory jurisdiction over “waters of the United States.” ...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

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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

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