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Clean Water Act › Rulemaking Process › Government Agencies

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 -
Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

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The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

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On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

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Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

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The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

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Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

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The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Carlton Fields

Trump Administration’s Clean Water Act Regulations Ebb Into View

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The Trump administration’s strategy regarding the scope of the “waters of the United States,” which defines the geographic jurisdiction of the Clean Water Act, is coming into focus, but true clarity appears a long way off. ...more

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

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Comments Addressing Potential Revisions

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The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more

Beveridge & Diamond PC

EPA Extends Comment Period on Draft Risk Assessment for PFOA and PFOS in Biosolids

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Update: EPA will now accept public comments on its Draft Sewage Sludge Risk Assessment for Perfluoroctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) until August 15, 2025. Interested parties may submit comments at...more

Jenner & Block

What’s WOTUS Got to Do with It? Impact of Recent Clean Water Act Regulatory Changes on Renewable Energy Development

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Closing out our Earth Week series this year, we provide an update on recent Clean Water Act regulatory developments and discuss their impact on renewable energy development....more

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

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A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Update: Regulatory Notes – April 2025

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April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...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

Maynard Nexsen

EPA to Hold Listening Sessions for Stakeholders on Implementation of Sackett

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Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of “waters of the United States” (or “WOTUS”) in the wake of the...more

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

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After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

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Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

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The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

Snell & Wilmer

Federal Agencies to Revise Waters of the United States Rule

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The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more

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