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Infrastructure Environmental Protection Agency (EPA) Clean Water Act

Troutman Pepper

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

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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

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

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

States Inclusion of Climate Adaption/Related Resilience Efforts in their Clean Water State Revolving Fund Intended Use Plans: U.S....

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report titled: Half the States Did Not Include Climate Adaption or Related Resilience Efforts in their Clean Water...more

Goulston & Storrs PC

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

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Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

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

Permitting of Combined Sewer Systems/Clean Water Act: U.S. Environmental Protection Agency Public Notices Draft Guidance

The United States Environmental Protection Agency (“EPA”) has public noticed draft guidance (“ Draft Guidance”) to: . . . to clarify and inform future National Pollutant Discharge Elimination (“NPDES”) permitting actions...more

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Troutman Pepper

EPA Withdraws Cybersecurity Rule for Public Water Systems

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The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in...more

Pillsbury Winthrop Shaw Pittman LLP

Understanding the EPA’s Final Renewable Fuel Standard Set Rule for 2023, 2024 and 2025

The EPA issued a final Renewable Fuel Standard (RFS) rule that announces the biofuel volume targets for 2023 – 2025 and provides a first look into the EPA’s plans for implementing the program moving forward. The RFS...more

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

Clean Water Infrastructure Upgrades: U.S. Environmental Protection Agency Announces $15,178,000 Grant for Arkansas

The United States Environmental Protection Agency (“EPA”) Region 6 announced in a March 9th news release that it was awarding the State of Arkansas $15,178,000 for its Clean Water State Revolving Fund (“CWSRF”)...more

K&L Gates LLP

EPA Proposes New Rules Governing Section 401 Water Quality Certification

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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

Smith Gambrell Russell

EPA Proposes New CWA 401 Rule Undoing Trump-Era Limits

On Thursday, June 2, the EPA unveiled a proposed rule that would restore states’ ability to veto Federal infrastructure projects that they think could pollute water within their borders. If finalized, the EPA’s proposed...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

King & Spalding

Infrastructure Act Provides Funding for PFAS Remediation

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Signed into law on November 15, 2021, the landmark Infrastructure Investment and Jobs Act, also called the bipartisan infrastructure bill, ("infrastructure bill") allocates $10 billion for the remediation of per- and...more

Troutman Pepper

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

Allen Matkins

California Environmental Law & Policy Update - November 2021 #3

Allen Matkins on

Biden administration acts to restore clean-water safeguards - Associated Press – November 18 - The Biden administration took action this Thursday to restore federal protections for hundreds of thousands of small streams,...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

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

Enactment of Infrastructure Investment and Jobs Act: Energy/Water/Environmental Issues Addressed

President Biden is expected to sign this week the Infrastructure Investment and Jobs Act (“Act”). A significant portion of the Act addresses a number of energy, water and environmental issues....more

BakerHostetler

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

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Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable waters” of the United States to seek water quality certifications from the...more

Allen Matkins

California Environmental Law & Policy Update - August 2021 #4

Allen Matkins on

Southern California counties reach most intense drought category - Los Angeles Times – August 23 - As drought conditions continue to worsen throughout California, Ventura and other Southern California counties have...more

Cole Schotz

Environment And Energy Get A Front Seat In The 2021 Infrastructure Act

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Upon passing the $1.2 trillion Infrastructure Investment and Jobs Act (H.R. 3684) last week, the Senate provided significant funding towards development of the nation’s environmental and energy infrastructure. The...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

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EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

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

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program (UPDATE)

As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...more

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

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program

The 93rd Arkansas General Assembly convened for regular session on January 11th. The pre-filing of bills and resolutions began on November 16th. House Bill 1261 (“HB 1261”) was introduced on January 25th which would...more

Troutman Pepper

EPA Issues Long-Awaited Update to CWA Financial Capability Assessment

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The COVID-19 pandemic has elevated fiscal concerns of water and sewer service providers, with many states imposing a moratorium on the collection of delinquent bills and the termination of service. The affordability of water...more

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