After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more
4/15/2025
/ Clean Water Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Government Agencies ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more
3/7/2025
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
Wastewater ,
Water
California' Policy Is Less Specific and Stricter than the EPA Policy -
California has issued a new policy providing limited relief for regulated parties from their environmental compliance and reporting obligations...more
The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
Action May Have Far-Reaching Impacts -
Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more
9/20/2019
/ Automotive Industry ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
NHTSA ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration
Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more
Developers and landlords faced the first generation of “green building” initiatives with LEED (Leadership in Energy and Environmental Design) certification and EPA’s Energy Star programs. Now, the states are ready to embark...more
4/2/2019
/ Carbon Emissions ,
Climate Change ,
Construction Industry ,
Energy Policy ,
ENERGY STAR Program ,
Environmental Protection Agency (EPA) ,
Green Buildings ,
Greenhouse Gas Emissions ,
LEED Certified ,
Net Zero ,
Popular ,
Real Estate Development ,
Solar Panels
Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy -
Insurance coverage litigation arising out of the 2010 Deepwater Horizon...more
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency (“EPA”) recently issued new regulations for managing pharmaceutical waste under the Resource Conservation and Recovery Act (“RCRA”). The rules specify new requirements for hazardous...more
2/20/2019
/ Environmental Protection Agency (EPA) ,
FDA Approval ,
Hazardous Waste ,
Healthcare Facilities ,
Hospitals ,
New Regulations ,
New Rules ,
Pharmaceutical Industry ,
Prescription Drugs ,
RCRA ,
Small Generators ,
Solid Waste ,
Waste Management
On February 14, 2019, the United States Environmental Protection Agency (“EPA”) published its long-awaited “action plan” intended to address potential risks posed by Per- and Polyfluoroalkyl substances (“PFAS”).
PFAS are a...more
2/15/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
Public Health ,
Regulatory Agenda ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Water Supplies