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EPA Publishes Final Rule Revising Definition of “Waters of the United States”

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

New ASTM E1527-21 Phase I ESA Standard Stuck in Limbo

The long-anticipated new ASTM standard concerning Phase I environmental site assessments (ESAs), which was finally expected to go into effect mid-May, is in limbo while the U.S. Environmental Protection Agency (EPA) considers...more

Nationwide Permit (NWP) 12 Re-Opened For Non-Oil And Gas Pipeline Projects

The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more

Clean Water Act (CWA) Series: What's Up With WOTUS?

The pandemic may be slowing down commerce, but there has been no slowdown on critical developments affecting core issues in interpreting the jurisdiction of the Clean Water Act (CWA). In just over one week, there have been...more

Waters Of The United States Final Rule Released, Uniformity To Be Restored

On October 22, 2019, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corp) published a final rule that will repeal an Obama-era Clean Water Rule (CWR) defining Waters of the United States (WOTUS)...more

CWA Series: Do Discharges To Groundwater Require A Permit? EPA Just Changed Its Mind.

As discussed in prior blog posts, the Federal Circuits became split (Part 1) in 2018 on whether the Clean Water Act (“CWA” or the “Act”) regulates discharges of pollutants from point sources that reach navigable waters...more

PFAS: A New Source For Regulatory Concern

Per- and polyfluoroalkyl substances (“PFAS”) are synthetic chemicals used in a number of industrial processes and in the manufacturing of certain consumer goods because of their fire resistance and because they repel oil,...more

CWA Series: In Redefining The Scope Of The Clean Water Act, Will The New WOTUS Rule Truly Be A Sea Change?

Previously, we reported the Federal Circuit split (Part 1) regarding indirect discharges to navigable waters through groundwater and the Supreme Court’s grant of certiorari in one of those cases (Part 2), which will hopefully...more

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