News & Analysis as of

Clean Water Act › Wetlands › Discharge of Pollutants

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 -
Allen Matkins

Beyond Sackett: California’s Expanding Role in Wetlands Permitting and the Future of “Waters of the State”

Allen Matkins on

California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...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

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

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

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

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

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...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

Husch Blackwell LLP

EPA Publishes Final Rule Revising Definition of “Waters of the United States”

Husch Blackwell LLP on

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

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

Wetlands/Clean Water Act Enforcement: Federal Court Considers Whether Cessation of Discharges Renders Action Moot

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

The United States District Court for the Southern District of Illinois (“Court”) addressed issues arising in a Clean Water Act (“CWA”) enforcement action in which the United States is alleging discharges of pollutants into...more

Nossaman LLP

[Webinar] WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S. - July 16th, 1:00...

Nossaman LLP on

In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more

Snell & Wilmer

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

Snell & Wilmer on

On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

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

The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

King & Spalding

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

King & Spalding on

The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Supreme Court Grants Certiorari Addressing Maui Case

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

The United States Supreme Court granted a Petition for writ of certiorari in the 9th Circuit Decision Hawaii Wildlife Fund v. County of Maui, ____F. 3d____ (9th Cir., February 1, 2018). The case involves whether, and to...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

K&L Gates LLP

Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

K&L Gates LLP on

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more

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

U.S. Army Corps of Engineers (Vicksburg District) Section 404 Permit Application Public Notice: Miller County, Arkansas Project

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

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more

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

311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Leominster, Massachusetts Oil Company Enter into...

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

The United States Environmental Protection Agency (“EPA”) and Fraticelli Oil Company (“FOC”) entered into an April 23rd Expedited Settlement Agreement (“ESA”) for alleged violation of Section 311(b)(3) of the Clean Water Act....more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Confirms That Defendant Had Fair Warning That His Conduct Violated The CWA

Pillsbury - Gravel2Gavel Construction & Real... on

On November 27. the U.S. Court of Appeals for the Ninth Circuit decided an important Clean Water Act (CWA) jurisdictional case, United States. The Ninth Circuit unanimously affirmed the defendant’s criminal convictions for...more

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

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

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

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

BakerHostetler

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

BakerHostetler on

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide