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WOTUS, WOTUS, WOTUS...

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Environmental Notes - October 2021

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

EPA Issues Clean Water Act Guidance Regarding Discharges to Groundwater

Section 402 of the Clean Water Act (CWA) prohibits the discharge of any pollutant from any point source to navigable waters (“Waters of the United States” or “WOTUS”) unless authorized by a permit (Section 402 NPDES Permits)....more

EPA Tries to Sink Environmental Groups Challenge to its Navigable Waters Rule

In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more

Environmental Notes - February 2020

It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups...more

Farms and the Water Resources Reform and Development Act (WRRDA)

Pursuant to the Clean Water Act’s Oil Spill Pollution, Prevention, Control and Countermeasures Rule (SPCC Rule), farmers and other oil storage and handling facilities are required to have an SPCC Plan to prevent oil spills...more

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