News & Analysis as of

US Army Corps of Engineers NPDES Permits

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

Creating Confidence in Clean Water Permitting Act: U.S. House of Representatives Passes Legislation

The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more

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

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more

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

Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program: Arkansas Department of Energy and Environment -...

The Arkansas Department of Energy and Environment - Division of Environmental (“DEQ”) has set up an agency task force to potentially seek delegation of the Section 404 Clean Water Act permitting program. The ability of...more

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

Chief Joseph Dam/Clean Water Act: U.S. Army Corps of Engineers Settles Citizen Suit by Agreeing to Apply for NPDES Permit

The United States Army Corps of Engineers (“Corps”) and Columbia Riverkeeper (“Riverkeeper”) resolved a Clean Water Act citizen suit action regarding the Chief Joseph Dam (“Dam”) which is located in the State of Washington. ...more

Beveridge & Diamond PC

NMFS Seeks to Streamline Aquaculture Permitting While a Washington Federal Court Interjects Caution

Beveridge & Diamond PC on

In October 2019, the National Marine Fisheries Service (NMFS) published its Draft Outline for a Work Plan for a Federal Aquaculture Regulatory Task Force (Draft Outline) in the Federal Register Notice. The Draft Outline...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Husch Blackwell LLP

Wisconsin Indian Tribe Sues Federal Government to Get Involved in Permitting of Mine in Michigan’s Upper Peninsula

Husch Blackwell LLP on

The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more

Nossaman LLP

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Farella Braun + Martel LLP

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water...more

Snell & Wilmer

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

Snell & Wilmer on

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

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