News & Analysis as of

Water Public Comment

Downey Brand LLP

Army Corps of Engineers Publishes Draft Agency Specific Procedures To Implement The Principles, Requirements, and Guidelines for...

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Our April 26, 2023 article noted that the Principles, Requirements, and Guidelines (PR&G) are about money. The Federal government has a lot of money. Even in an era of budget cutting, it still has a lot of money, and it...more

Troutman Pepper

Another EPA Proposal to Overhaul the Water Quality Standards Program

Troutman Pepper on

EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more

Nossaman LLP

Draft EIR Released for Delta Conveyance Project

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A key priority of the Newsom Administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft...more

McCarter & English, LLP

NJ DEP Proposes New “Environmental Justice” Permitting Rules

The New Jersey Department of Environmental Protection (NJDEP) released on June 6 proposed new rules that would implement parts of the Environmental Justice Law, N.J.S.A. 13:1D-157, requiring certain industrial facilities to...more

Downey Brand LLP

FDA Announces Proposed Changes to Agricultural Water Requirements Under the Food Safety Modernization Act

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On December 2, 2021 the U.S. Food and Drug Administration (FDA) released a proposed rule aimed at enhancing the safety of agricultural water used on covered produce (other than sprouts). The proposed rule is the agency’s...more

Snell & Wilmer

Opportunities for Public Involvement Regarding the Pinal County Active Management Area

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We posted very recently about the public’s opportunity to shape water conservation policy in Arizona Active Management Areas (“AMAs”), but there are presently two other opportunities to develop Arizona water policy that the...more

Snell & Wilmer

Management Plan Work Group Offers Public Opportunity to Develop Water Policies

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Arizona’s 1980 Groundwater Code offers a unique opportunity for the public to get involved in shaping water policy through the process of adopting management plans for the Active Management Areas (“AMAs”). The process is...more

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

2018 Recommended Aquatic Life Water Quality Criteria for Aluminum/U.S. EPA Draft Technical Support Document: National Association...

The National Association of Clean Water Agencies (“NACWA”) submitted September 13th comments on the United States Environmental Protection Agency (“EPA”) document titled: Draft Technical Support Document: Implementing the...more

Steptoe & Johnson PLLC

West Virginia DEP Opens Comment Period for NPDES Construction Stormwater Permit

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The West Virginia Department of Environmental Protection is proposing to modify the General WV/National Pollutant Discharge Elimination System (NPDES) Water Pollution Control Permit for Stormwater Associated with Construction...more

Best Best & Krieger LLP

SGMA: DWR Announces Draft Basin Prioritization - Comments Accepted Until May 30

The Department of Water Resources released its draft groundwater basin prioritization for 57 groundwater basins this week. Comments can be submitted on the proposed prioritization for those basins until May 30....more

Holland & Knight LLP

Solicitor General Tells SCOTUS EPA Poised to Act on CWA Comments

Holland & Knight LLP on

On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more

Schwabe, Williamson & Wyatt PC

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more

Downey Brand LLP

State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know

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Regulation of “toxicity” in the State of California has generally been following 3 State Water Resources Control Board (State Water Board) precedential decisions that require dischargers under an NPDES permit, which have a...more

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

Oklahoma-Arkansas River Compact Commission: 2018 Annual Meeting Scheduled

The Arkansas-Oklahoma Arkansas River Compact Commission (“ARK-OKL Commission”) has scheduled its 2018 annual meeting. The meeting will be held on September 27th at John Brown University in Siloam Springs, Arkansas....more

Holland & Knight LLP

Comments Due Soon on Latest Proposed Changes to DC Water System Availability Fees - Public Comments Also Sought on Proposed Sewer...

Holland & Knight LLP on

• Proposed changes to the District of Columbia Water and Sewer Authority's System Availability Fee (SAF) regulations would provide developers credits for providing new affordable housing units. • Proposed sewer service...more

Sheppard Mullin Richter & Hampton LLP

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

Holland & Knight LLP

West Coast Real Estate Update: January 2017 #2

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California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Best Best & Krieger LLP

California State Water Board Will Hold Public Workshop on Draft Emergency Regulation for Measuring and Reporting Water Diversions

The State Water Board issued a draft emergency regulation on Monday for measuring and reporting the diversion and use of water pursuant to Senate Bill 88. The Board also recently announced it will hold a workshop in...more

Blake, Cassels & Graydon LLP

Proposed Policies for Implementing B.C.’s New Water Sustainability Act Available for Comment

On July 30, 2015, the British Columbia government released four discussion papers for public comment outlining proposed new policies for regulations under the Water Sustainability Act. These papers are important as much of...more

Stoel Rives LLP

Oil & Gas Law Alert: SB 4 Well Stimulation Treatment Regulations - Second Revised Text of Proposed Regulations

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On Thursday, October 9, 2014, the California Department of Conservation ("Department") issued public notice of the Second Revised Proposed Regulations for SB 4 Well Stimulation Treatment Regulations ("Second Revised...more

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