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Clean Water Act Regulatory Oversight

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 -
Tonkon Torp LLP

Oregon Department of State Lands Selects New Director

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The Oregon State Land Board – comprised of the Governor, Secretary of State, and State Treasurer – recently appointed Kaitlin Lovell of Colton, Oregon as the new Director of the Oregon Department of State Lands (DSL). Lovell...more

Snell & Wilmer

Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

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As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

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

Citizen Suit Action/ Clean Water Act: Environmental Defense Alliance Notice of Intent to Sue U.S. Environmental Protection Agency...

Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more

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

2024 Conservation Report Card for the 118th Congress: Defenders of Wildlife Announces Release

Defenders of Wildlife (“Defenders”) announced on March 13th its release of a document titled: 2024 Conservation Report Card for the 118th Congress (“Report Card”). Defenders says the Report Card assesses the...more

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

Wetlands/Clean Water Act Enforcement: U.S. Environmental Protection Agency and SpaceX Enter into Consent Agreement and Final Order

The United States Environmental Protection Agency (“EPA”) and Space Exploration Technologies Corp. (“SpaceX”) entered into a January 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

Seyfarth Shaw LLP

EPA-pocalypse Now!

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Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Womble Bond Dickinson

Permitting Reform in the United States

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This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Troutman Pepper Locke

EPA Withdraws Cybersecurity Rule for Public Water Systems

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The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in...more

Jones Day

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

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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

Rivkin Radler LLP

Supreme Court Narrows Scope of Clean Water Act

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In Sackett v. Environmental Protection Agency, decided at the end of May, the Supreme Court substantially reduced the reach of the Clean Water Act (CWA). The issue before the Court was how far the Environmental Protection...more

Holland & Knight LLP

Sackett Decision Provides Clarity, Substantially Restricts Clean Water Act Jurisdiction Scope

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The U.S. Supreme Court on May 25, 2023, issued its opinion in Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023). The opinion addresses the definition of "Waters of the United States" (WOTUS) pursuant to the...more

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

Oversight of the Clean Water State Revolving Fund: U.S. EPA Office of Inspector General Audit Notification

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) announced on February 23rd the Notification of an Audit titled: The EPA’s Oversight of the Clean Water State Revolving Fund...more

ArentFox Schiff

Environmental Justice Update: EPA Issues Initial Findings Regarding Louisiana Civil Rights Complaints

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In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use...more

BCLP

PFAS Update: EPA’s Strategic Roadmap for PFAS

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On October 18, 2021, the United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more

Pillsbury - Gravel2Gavel Construction & Real...

Recent Regulatory Activity

Selected federal regulatory actions taken or proposed by several federal agencies, including the Environmental Protection Agency: EPA Actions. On September 15, 2021, EPA’s Water Office issued a memo rescinding a January...more

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

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Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Robinson+Cole Manufacturing Law Blog

EPA Issues Interim Strategy for Addressing PFAS in Wastewater Permits

As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more

Womble Bond Dickinson

Trump Administration Repeals “Waters of the U.S.” Rule and Moves Towards a Replacement

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On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Perkins Coie

EPA Proposes to Narrow Water Quality Certification Authority Under the Clean Water Act

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The Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act....more

Steptoe & Johnson PLLC

EPA Proposes Changes to The Section 401 Water Quality Certification Process

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Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

Akin Gump Strauss Hauer & Feld LLP

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

Vedder Price

The Environmental Black Swan: What Manufacturers Don’t Know They Don’t Know

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Regardless of what side of the political fence you reside on and regardless of whether under this current administration you believe environmental enforcement has taken a holiday, the fact remains that most manufacturers...more

Sullivan & Worcester

Symposium Spotlights Natural Resource Damage Regulations Under DOI Review

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Section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) authorizes the Federal government, States and federally recognized Indian Tribes to act as "trustees" on behalf of the...more

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