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Clean Water Act › Administrative Procedure Act › Environmental Protection Agency (EPA)

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
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Clean Water Act/U.S. House of Representatives: Association of Clean Water Administrators Identifies 14 Pending Bills

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The Association of Clean Water Administrators (“ACWA”) has identified 14 bills proposing to amend the Clean Water Act pending in the United States House of Representatives. The bills are described in the ACWA publication...more

BCLP

Presidential Memorandum Directing Agencies to Repeal Environmental Regulations

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On April 9, 2025, President Trump directed federal agencies to repeal certain categories of regulations in his memorandum entitled Directing the Repeal of Unlawful Regulations (“Memorandum”). In this Memorandum, President...more

Latham & Watkins LLP

Trump Administration Pursues Deregulation in a Trio of Orders

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The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more

Clark Hill PLC

Administrative Law Report - April 2025, Vol. 6

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed. ...more

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Phosphoric Acid Production Waste/Federal Court Petition for Writ of Mandamus: Center for Biological Diversity Seeks U.S....

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The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more

DLA Piper

Supreme Court Limits EPA's Permitting Authority Under the Clean Water Act

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The Supreme Court recently ruled that the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to impose “generic” or “end-result” prohibitions in National Pollutant Discharge Elimination System...more

Epstein Becker & Green

Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today

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Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more

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Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs/White House Office of Management and Budget...

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The White House Office of Management and Budget (“OMB”) issued a January 27th Memorandum for heads of executive departments and agencies addressing: Temporary Pause of Agency Grant, Loan, and Other Financial Assistance...more

MG+M The Law Firm

EPA Releases Draft Human Health Criteria for PFAS in Waterbodies

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On December 19, 2024, the United States Environmental Protection Agency (EPA) released draft health-based recommendations for levels of per- and polyfluoroalkyl substances (PFAS) in water bodies. These draft recommendations...more

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Biosolids/PFAS: U.S. Environmental Protection Agency Moves to Dismiss Public Employees for Environmental Responsibility Judicial...

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The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more

Quarles & Brady LLP

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

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Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Mintz

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

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Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

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Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Challenge to U.S. Army Corps of Engineers Approval of Mitigation...

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A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

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A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

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When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

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Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

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Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Snell & Wilmer

EPA Issues Emergency New Rule on Waters of the United States

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Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act...more

Bricker Graydon LLP

US EPA and Army Corps Announce Final Rule Amending WOTUS

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On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more

Mintz

EPA says we should have its next stab at a Waters of the United States rule in September. What's next?

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Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September.  Assistant Administrator Fox promises that the new regulation...more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

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The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

(ACOEL) | American College of Environmental...

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

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On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more

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