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Clean Water Act › Construction Project

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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404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

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The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

Beveridge & Diamond PC

Washington’s Draft 2026 Construction Stormwater General Permit Out for Public Comment

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Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2026 Construction Stormwater General Permit (CSWGP), which authorizes stormwater discharges...more

Beveridge & Diamond PC

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

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Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

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The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Oltmans Development, Inc. (“ODI”) entered into a December 10th Consent Administrative Order (“CAO”) addressing alleged...more

Polsinelli

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

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Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more

Brownstein Hyatt Farber Schreck

California’s ‘New’ Construction Stormwater General Permit—Time To Engage?

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On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more

Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

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Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

Troutman Pepper Locke

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

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Construction of Minor Drainage/Water Level Control Structures/General Permit 32: U.S. Army Corp of Engineers (Vicksburg District)...

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The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a March 6th Public Notice stating that it is proposing to reissue Department of the Army General Permit 32 (“GP32”)....more

Allen Matkins

Rain or Shine, Changes to California’s Construction General Permit Are on the Horizon

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Municipalities, landowners, developers, and others engaged in construction activities in California have faced increasing regulatory scrutiny over alleged stormwater discharge violations in recent years, including a record...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Akerman LLP

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

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Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? What's Up Dock?

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Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

Vinson & Elkins LLP

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

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The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

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This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more

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Short Term Activity Authorizations/Water Quality Standards: Arkansas Department of Energy & Environment - Division of...

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The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) is considering proposed changes to its Short-Term Activity Authorizations (“STAAs”) application process. The Arkansas...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

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Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

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The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Bradley Arant Boult Cummings LLP

Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

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No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not...more

Nossaman LLP

Template for Mitigation Banking Instruments in California to be Revised

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On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more

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MS4/NPDES Permit: City of Little Rock and Arkansas Department of Energy and Environment - Division of Environmental Quality Enter...

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed...more

Nossaman LLP

Trump Executive Order: Environmental Streamlining or Political Quagmire?

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On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more

Troutman Pepper Locke

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

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N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

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New Source Review/U.S. Environmental Protection Agency Draft Guidance Addressing "Begin Actual Construction": National Association...

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The National Association of Clean Air Agencies (“NACAA”) submitted May 11th comments on draft March 25th guidance memorandum distributed by the United States Environmental Protection Agency (“EPA”). The draft guidance...more

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