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Clean Water Act › Biden Administration › 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 -
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

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

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

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

MG+M The Law Firm

Zeldin's EPA Weakens Biden-Era PFAS Rules Despite Upholding Core Standards

MG+M The Law Firm on

On May 14, 2025, the US Environmental Protection Agency (EPA), under Administrator Lee Zeldin, announced its decision to retain the national enforceable drinking water standards for two of the most scrutinized per- and...more

Morgan Lewis

US EPA Announces Ambitious PFAS Agenda

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On April 28, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced ambitious plans to advance regulation of perfluoroalkyl and polyfluoroalkyl substances (PFAS). The plans include the near-term...more

Faegre Drinker Biddle & Reath LLP

EPA Just Laid Out Its PFAS Game Plan — And It Appears That PFAS Regulation Is Here to Stay

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On April 28, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a long-anticipated suite of actions aimed at PFAS (per- and polyfluoroalkyl substances). Closely watched by stakeholders across industries,...more

Pillsbury - PFAS Observer

EPA Signals Potential PFAS Policy Pivot Under New Administrator

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In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment...more

Morris, Manning & Martin, LLP

Corps and EPA Rescind Biden Wetland Guidance – Move to Revise “Waters of the United States” Definition

Morris, Manning & Martin, LLP on

On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...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...

Bergeson & Campbell, P.C. on

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

MG+M The Law Firm

The Withdrawal of PFAS Effluent Limits: Implications for Federal Environmental Regulation and Biosolids Management

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The regulation of per- and polyfluoroalkyl substances (PFAS) remains a critical issue in US environmental policy, with significant implications for water quality, biosolids management and state-level regulatory authority. On...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

Troutman Pepper Locke on

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

Allen Matkins

California Environmental Law & Policy Update 5.31.24

Allen Matkins on

The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Pillsbury Winthrop Shaw Pittman LLP

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

Pillsbury Winthrop Shaw Pittman LLP on

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

Holland & Knight LLP

Waters of the United States Rule Revised in Response to Sackett Decision

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...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

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Mintz

Will EPA's 9th attempt to determine the reach of the Clean Water Act be the charm? The Waters Advocacy Coalition doesn't seem to...

Mintz on

Last week the Waters Advocacy Coalition sent to the heads of the Environmental Protection Administration and the Corps of Engineers many "recommendations" regarding EPA's and the Corps' post-Sackett attempt to determine the...more

Mintz

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...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

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

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Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

ArentFox Schiff

Four Administrative Law Takeaways from the DC Circuit’s Recent Perchlorate Decision

ArentFox Schiff on

Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues. Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more

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