News & Analysis as of

Water Proposed Rules

Allen Matkins

DWR and Water Board Propose Key Updates to Desalination Policy Framework

Allen Matkins on

As climate variability and drought continue to challenge California’s water supply, the state is renewing its focus on seawater desalination as part of a diversified water portfolio. While only a handful of large-scale...more

Allen Matkins

California Environmental Law & Policy Update 5.16.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) will rescind much of the Biden administration’s first nationwide drinking water standard aimed at protecting people from PFAS, which are found in hundreds of consumer and...more

Williams Mullen

EPA Proposes Changes to Methods for Analyzing Water Pollutants, including PFAS and PCBs

Williams Mullen on

EPA is proposing to promulgate new methods and update the regulatory tables of approved methods for pollutant analysis under the Clean Water Act specified in 40 CFR Part 136. The proposed rule affects the methods used to...more

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

Lippes Mathias LLP on

On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

Troutman Pepper Locke on

At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

Troutman Pepper Locke on

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Holland & Hart LLP

New Mexico Environment Department Seeks Comments on Proposed Produced Water Rules That Limit Nearly All Re-Use

Holland & Hart LLP on

On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and...more

Jones Day

Who, What, When: The Impact of the EU CSRD on Non-EU Companies

Jones Day on

The EU’s Corporate Sustainability Reporting Directive (“CSRD”) requires the most detailed and onerous ESG reporting and disclosures anywhere in the world. All told, it is estimated that more than 50,000 companies, including...more

Perkins Coie

EPA Proposes Stringent National Drinking Water Standards for Six PFAS

Perkins Coie on

For the first time and after much anticipation, the U.S. Environmental Protection Agency (EPA) proposed National Primary Drinking Water Regulations for key “forever chemicals.” The proposed rule would establish near-zero...more

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Downey Brand LLP

FDA Announces Proposed Changes to Agricultural Water Requirements Under the Food Safety Modernization Act

Downey Brand LLP on

On December 2, 2021 the U.S. Food and Drug Administration (FDA) released a proposed rule aimed at enhancing the safety of agricultural water used on covered produce (other than sprouts). The proposed rule is the agency’s...more

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

Water Supply Rule: U.S. Army Corps of Engineers Announces Withdrawal

The Assistant Secretary of the Army for Civil Works directed on January 21st the United States Army Corps of Engineers (“Corps”) to withdraw a proposed rule titled: Use of U.S. Army Corps of Engineers Reservoir Projects...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’s...more

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

Section 401/Clean Water Act: New England Interstate Water Pollution Control Commission Comments on U.S. Environmental Protection...

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) submitted comments on the United States Environmental Protection Agency (“EPA”) proposed rule titled: Updating Regulations on Water Quality...more

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

Section 401/Clean Water Act: Association of Clean Water Administrators Comments on U.S. Environmental Protection Agency Proposed...

The Association of Clean Water Administrators (“ACWA”) submitted October 21st comments on the United States Environmental Protection Agency (“EPA”) proposed rule titled: Updating Regulations on Water Quality Certification ...more

Perkins Coie

Drowning in Confusion: What Is a “Water of the United States”?

Perkins Coie on

A decision by the U.S. District Court for the Southern District of Georgia issued on August 21, 2019, highlights the continuing confusion over the definition of “waters of the United States” under the Clean Water Act. The...more

Foley Hoag LLP - Environmental Law

More Sauce For the Chevron Goose

Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under § 401 of the Clean Water Act. The regulations are long-overdue and, notwithstanding the source, some of the...more

Foley & Lardner LLP

Feeling Inundated? EPA Swamps the WOTUS Rule, Proposes New Definition of “Waters of the U.S.”

Foley & Lardner LLP on

Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more

Holland & Knight LLP

Proposed "Waters of the U.S." Rule Would Reduce Scope of Clean Water Act Jurisdiction - As Written, the Proposed Rule Would Be...

Holland & Knight LLP on

• The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have issued their long-awaited proposed rule to define "Waters of the United States" (WOTUS) pursuant to the Clean Water Act, fulfilling an early...more

Schwabe, Williamson & Wyatt PC

Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

Last week, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released their much-anticipated draft proposed rule to re-write the definition of “waters of the United States” (WOTUS) (“2018...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

Perkins Coie on

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Dentons

Iowa Department of Revenue Formally Publishes Amended WET Tax Rules for Landlords

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As discussed in previous posts (see direct links below), Iowa’s new Water Excise Tax (WET) took effect on July 1, 2018. Since that time, the Iowa Department of Revenue (IDOR) has released two sets of proposed revised rules....more

Dentons

Iowa DOR Distributes Second Set of Revised Rules on WET

Dentons on

As discussed in previous posts (see direct links below), Iowa’s new Water Excise Tax (WET) took effect on July 1, 2018. Since that time, the Iowa Department of Revenue (IDOR) issued an original set of proposed rules and,...more

Holland & Knight LLP

Comments Due Soon on Latest Proposed Changes to DC Water System Availability Fees - Public Comments Also Sought on Proposed Sewer...

Holland & Knight LLP on

• Proposed changes to the District of Columbia Water and Sewer Authority's System Availability Fee (SAF) regulations would provide developers credits for providing new affordable housing units. • Proposed sewer service...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

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Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

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