News & Analysis as of

Water Water Quality Environmental Protection Agency (EPA)

Harris Beach Murtha PLLC

Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act....more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

Lippes Mathias LLP

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

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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

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

National Water Availability: U.S. Geological Survey Releases Assessment

The United States Geological Survey (“USGS”) released on January 16th a document titled: The National Water Availability Assessment (“Assessment”)....more

Farella Braun + Martel LLP

EPA Announces Draft Human Health Criteria for Three PFAS in Waterbodies

On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid...more

Schwabe, Williamson & Wyatt PC

Navigating Regulatory Changes: The Ninth Circuit’s CAFO Ruling and Oregon’s New Rules for ‎CAFOs

The Ninth Circuit’s ruling provides temporary relief from new federal water regulations, but Oregon has introduced more stringent state rules with regard to CAFOs. Understanding these changes is vital to stay abreast of the...more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...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

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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

Beveridge & Diamond PC

EPA Expands Role of Tribal Rights in Setting Water Quality Standards

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to...more

Nossaman LLP

California Water Views - 2024 Outlook

Nossaman LLP on

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Downey Brand LLP

USEPA Requires Monitoring and Treatment to Limit and Reduce PFAS in Drinking Water

Downey Brand LLP on

Today, the U.S. Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation establishing the first national legally enforceable drinking water standards (Maximum Contaminant Levels...more

Nossaman LLP

EPA’s Final Clean Water Act 401 Rule, Reinstating 1971 Approach, Already Under Fire

Nossaman LLP on

On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more

Downey Brand LLP

USEPA’s New Clean Water Act Section 401 Water Quality Certification Rule Becomes Effective November 27, 2023

Downey Brand LLP on

On September 27, 2023, the United States Environmental Protection Agency (USEPA) published its final 2023 Clean Water Act (“CWA”) Section 401 Water Quality Certification Improvement Rule (2023 Rule), which goes into effect on...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

Williams Mullen on

The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

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

Recreational Water Quality Criteria/Clean Water Act: U.S. Environmental Protection Agency Releases Second Five-Year Report

The United States Environmental Protection Agency (“EPA”) issued a May 2023 document titled: Report on the Second Five-Year Review of EPA’s Recreational Water Quality Criteria (“Report”) EPA states that the Report constitutes...more

Troutman Pepper Locke

Another EPA Proposal to Overhaul the Water Quality Standards Program

Troutman Pepper Locke on

EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more

Saul Ewing LLP

Comment Period Open for EPA Settlement to Oversee and Enforce Pennsylvania's Clean Water Obligations

Saul Ewing LLP on

The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of...more

Beveridge & Diamond PC

Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions

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Key Takeaways - • What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing...more

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

Impaired Waters/TMDLs: U.S. Environmental Protection Agency Releases 2022-2032 Division for the Clean Water Act Section 303(d)...

The United States Environmental Protection Agency (“EPA”) released a September 15th memorandum titled: 2022-2032 Vision for the Clean Water Act Section 303(d) Program (“Memorandum”)...more

K&L Gates LLP

EPA Proposes New Rules Governing Section 401 Water Quality Certification

K&L Gates LLP on

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...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

Troutman Pepper Locke

EPA Proposes Federal Water Quality Standards for Washington State

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In a move consistent with EPA’s recent uptick in oversight of state regulatory programs, EPA has proposed to establish federal water quality standards (WQS) for human health criteria (HHC) for Washington state. The proposal...more

Troutman Pepper Locke

Innovation in Iowa: Talking About the Future of Watershed Management With Iowa Agriculture Secretary Mike Naig - Reflections on...

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Developments in water law and policy are highly relevant to our way of life. Drawing from their wealth of experience as defense attorneys, prosecutors, policy makers, and most recently having run the Office of Water at the...more

Troutman Pepper Locke

Diving In: An Interview With Radhika Fox, Assistant Administrator, Office of Water - Reflections on Water Podcast

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Dave Ross talks with Radhika Fox as she marks her one year anniversary as EPA’s Assistant Administrator for Water. They discuss how her prior experiences prepared her for the role at EPA and her desire to change the narrative...more

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