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The Congressional Review Act – A Critical Tool for the New Administration
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Quick Takeaways From the 2024 Proposed Hospice Wage Index Rule
State AG Pulse | State AGs and Feds: The Dynamics of Influence & Collaboration
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The Ninth Circuit has ruled that the Environmental Protection Agency (EPA) must reconsider its effluent limitation guidelines (ELGs) for seven industrial sectors. Our Environment, Land Use & Natural Resources Group examines...more
In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more
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
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
On April 28, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a comprehensive federal initiative aimed at tackling per and polyfluoroalkyl substances (PFAS) contamination through coordinated...more
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
On April 28, 2025, EPA Administrator Zeldin issued the Agency’s most comprehensive statement since Trump’s inauguration regarding how EPA plans to address PFAS compounds under a variety of ongoing regulatory programs (“EPA...more
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
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
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
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
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
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back...more
On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more
The United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “EPA”) issued guidance on March 12th entitled: Memorandum To The Field Between The U.S. Department Of The Army,...more
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
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...more
The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in an October 2nd Memorandum an appeal of the United States Environmental Protection Agency’s (“EPA”) denial of a Petition for Rulemaking under...more
The United States Environmental Protection Agency (“EPA”) published a final national recommended aquatic life criteria for PFOA in freshwater. PFOA belongs to the per-and polyfluorinated substances (“PFAS”) chemicals...more
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
The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more
On August 30, 2023, the United States Corps of Engineers (Corps) and Environmental Protection Agency (EPA) released a prepublication version of their final rulemaking amending their previous definition of “waters of the...more
Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more
This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more