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Supreme Court Invalidates "End-Result" Provisions in Clean Water Act Discharge Permits

The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more

New WOTUS Rule Significantly Narrows Federal Jurisdiction under Clean Water Act

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

EPA Draft Guidance on County of Maui, Hawaii v. Hawaii Wildlife Decision

Today, the Environmental Protection Agency (“EPA”) published notice of draft guidance (the “Draft Guidance”) intended to assist regulated entities and permitting authorities in applying the United States Supreme Court’s...more

Spring Cleaning: Trump Administration Announces Further Changes to Clean Water Act Regulation

On April 10, 2019, President Trump issued a pair of Executive Orders aimed at streamlining Clean Water Act permitting of the nation’s energy infrastructure. The Executive Order on Promoting Energy Infrastructure and Economic...more

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