On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more
3/29/2024
/ Clean Water Act ,
Climate Change ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Natural Resources ,
Risk Management ,
Severe Weather ,
Water ,
Water Supplies
The Supreme Court clarified the scope of the Waters of the United States (WOTUS) rule in a long-awaited decision regarding which wetlands are subject to Section 404 of the Clean Water Act (CWA). Declining to exercise...more
5/31/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more
1/20/2023
/ Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Inflation Reduction Act (IRA) ,
NEPA ,
PFAS ,
Public Health ,
Renewable Energy ,
Tax Credits
Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. -
The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more
On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more
12/13/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more
9/30/2021
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Natural Resources ,
Navigable Waters ,
Permits ,
Point Sources ,
SCOTUS ,
Waters of the United States
On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more
9/13/2021
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturing Facilities ,
Meat Processing Plants ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Wastewater ,
Water Pollution
This week, the U.S. Supreme Court issued its long-awaited opinion in County of Maui v. Hawaii Wildlife Fund, regarding whether the discharge of pollutants via groundwater requires a Clean Water Act (CWA) permit. This holding...more
4/25/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more
8/25/2019
/ Administrative Authority ,
Article I ,
Clean Water Act ,
Critical Infrastructure Sectors ,
Delegation of Discretion ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Legislative Agendas ,
Navigable Waters ,
Rulemaking Process ,
SCOTUS ,
Trump Administration ,
Waters of the United States