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Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme...

On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...more

Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of...more

What the Regulated Community Needs ‎to Know About EPA’s Proposed ‎Designation of PFOA and PFOS ‎as CERCLA Hazardous Substances

On August 26, 2022, the US Environmental Protection Agency (EPA) released a pre-publication version of a highly-anticipated proposal to add two of the most widely-used per- and polyfluoroalkyl substances (PFAS) to the list of...more

EPA Sets Stricter Health Advisory Limits ‎for PFAS – a ‎Harbinger of ‎More Regulation?‎

On June 15, 2022, the U.S. Environmental Protection Agency (EPA) dramatically lowered its lifetime health advisories levels (HALs)[1] for two per- and polyfuoroalkyl substances (PFAS). EPA previously established a combined...more

A New Season of WOTUS: Court ‎Vacates Trump-Era Navigable Waters Protection Rule

A new season of the regulatory drama “WOTUS” dropped last week. On August 30, a federal court in Arizona granted EPA and the Army Corps of Engineers’ (Corps) (collectively, the “Agencies”) request to remand their 2020...more

Back to the Future: EPA and Corps of Engineers Announce Intent to Restore Previous ‎Definition of WOTUS

On June 9, 2021, the U.S. EPA and U.S. Army Corps of Engineers (collectively, the “Agencies”) jointly announced their intention to revisit and revise the definition of “waters of the U.S.” (WOTUS). The definition of WOTUS...more

At the Corps of it All: Navigable Waters Protection Rule Published on Heels of NWP 12 Vacatur

On April 21, less than a week after a federal district court in Montana vacated Nationwide Permit (“NWP”) 12, EPA and the U.S. Army Corps of Engineers (“Corps”) published the Navigable Waters Protection Rule (“NWPR”). The...more

A NEW WOTUS FROM POTUS: Trump Administration Releases Highly Anticipated Replacement for Controversial “Waters of the U.S.” Rule

On December 11, 2018, the United States Environmental Protection Agency (EPA) published a proposed rule to revise the definition of Waters of the United States (WOTUS) under the Clean Water Act (CWA) in a manner that would...more

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