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Clean Water Act › Biden Administration › Environmental Policies

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 -
Nossaman LLP

What’s Up With WOTUS?

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The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more

Bergeson & Campbell, P.C.

Biden EPA Filed Notice of Appeal of Ruling that Typical Levels of Drinking Water Fluoridation Present an Unreasonable Risk to...

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As reported in our September 30, 2024, blog item, the U.S. District Court for the Northern District of California ruled in September 2024 that the plaintiffs established by a preponderance of the evidence that the levels of...more

Eversheds Sutherland (US) LLP

Key environmental issues facing the Trump administration

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The Biden administration introduced wide-ranging environmental regulations with profound and far-reaching effects on the environment and the economy. In its first two weeks, the Trump administration has signaled an attempt...more

Troutman Pepper Locke

Recent Executive Action May Impact PFAS Regulation

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The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA),...more

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

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On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

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Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

Brownstein Hyatt Farber Schreck on

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Nossaman LLP

Biden Administration Finalizes Updated WOTUS Rule

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On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

Nossaman LLP

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

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On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On April 6, 2023, in an expected move, President Biden vetoed the Congressional Review Act joint-resolution that attempted to undo his administration’s WOTUS rule. The president maintained his administration’s rule...more

Williams Mullen

Biden and EPA Continue to Push Environmental Justice Using Cumulative Impacts

Williams Mullen on

President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more

Akin Gump Strauss Hauer & Feld LLP

Climate Policy Update - March 2023

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President Biden issued his first veto to reject a Congressional Review Act measure to shoot down the Department of Labor’s environmental, social, and governance-related (ESG) rule. Governors are also pushing back on the Biden...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Stinson LLP

Environmental Wrap-Up 2022 and What to Expect in 2023

Stinson LLP on

This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more

Nossaman LLP

On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?

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From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Nossaman LLP

[Webinar] Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead? - September 1st, 1:00 pm -...

Nossaman LLP on

From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Allen Matkins

California Environmental Law & Policy Update - June 2022

Allen Matkins on

EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

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Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

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THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #2

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Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more

Jenner & Block

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice...

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On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Semi-Annual Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities -...

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The Biden Administration released the Fall 2021 edition of the Semi-Annual: Unified Agenda of Regulatory and Deregulatory Actions (“Agenda”) Federal agencies twice a year produce in combination a comprehensive report...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

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Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

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