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Water Wetlands

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

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In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 1.12.24

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Top water officials for the seven Colorado River Basin states met in December 2023 at the Colorado River Water Users Association conference to resume negotiating a new compromise for how they will share — and cut back on —...more

Foley Hoag LLP - Environmental Law

Post-Sackett, Who Will Speak for the Clean Water Act?

Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the...more

Foley Hoag LLP - Environmental Law

The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do

The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that’s no excuse for inaction and I found the...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Allen Matkins

California Environmental Law & Policy Update - 5.12.23 - # 2

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The Biden administration proposed new regulations this Thursday that, if enacted, would aggressively limit greenhouse gas emissions from power plants. The move stands to force major changes in the energy sector and is likely...more

Troutman Pepper

H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds –...

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John Goodin takes a break from his recent retirement to share invaluable insights with Dave and Anna from his 32-year career in EPA’s Office of Water. John talks about the long-running “waters of the United States”...more

Foley Hoag LLP - Environmental Law

The Trump WOTUS Rule Is Vacated; Now We Know What’s Next

Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that question, at least for the...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

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

Five Financial Incentives for Conservation-Minded Agriculture Operators

With every change in the federal executive administration, speculation rages over what changes to expect in regulation, policy, and guidance. The current transition is no different. And agricultural policy and conservation...more

Nossaman LLP

Regulatory Changes On the Horizon for California State Water Resources Control Board

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On December 17, 2020, the Sacramento County Superior Court issued a ruling limiting the ability of the California State Water Resources Control Board (“State Board”) to implement its adopted statewide wetlands and Waters of...more

Allen Matkins

California Environmental Law & Policy Update - January 2021

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Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Ballard Spahr LLP

Pennsylvania Proposal Could Affect Water-Dependent Projects

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The Pennsylvania Department of Environmental Protection proposed wide-ranging amendments to its Chapter 105 regulations governing dam safety and “stream encroachments,” the Commonwealth’s rules that govern the filling of...more

Allen Matkins

California Environmental Law & Policy Update - June 2020 #4

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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

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’s...more

Sheppard Mullin Richter & Hampton LLP

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water...

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which...more

Downey Brand LLP

State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May...

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On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). Consequently, the...more

Nossaman LLP

[Webinar] WOTS Up? An Update Regarding Regulation of Waters of the State (WOTS) and Waters of the United States (WOTUS) - June...

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This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more

Allen Matkins

What to Expect Under California's "New" Dredged or Fill Discharge Procedures

Allen Matkins on

On April 2, 2019, the State Water Resources Control Board (State Water Board) adopted new rules entitled "Procedures for Discharges of Dredged or Fill Material to Waters of the State" (the "Procedures"). The State Water Board...more

Allen Matkins

California Environmental Law & Policy Update - December 2018 #3

Allen Matkins on

Focus - Interior Secretary Zinke resigns amid investigations - WASHINGTON POST - Dec 15 Interior Department Secretary Ryan Zinke submitted his resignation to the White House on Saturday after facing pressure to step...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

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

Access to Water Quality Data: Louisiana Department of Environmental Quality Launches New/Improved Water Data Portal

The Louisiana Department of Environmental Quality (“LDEQ”) issued a news release announcing the development of a new water data portal. LDEQ describes it as a “forward-thinking, user-friendly approach to water data....more

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

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th (REMINDER)

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

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