CWA

May 25, 2023

Supreme Court Narrows Scope of Clean Water Act in Landmark Sackett Case

The U.S. Supreme Court has issued its opinion in the landmark Clean Water Act (“CWA”) case of Sackett v. EPA, No. 21-454 (May 25, 2023). This decision delivers a significant change in terms of the reach and jurisdiction of the CWA, and supplies some harsh critiques between the Justices that all agreed in the judgement… Continue reading

Water

Allison A. Torrence, Clean Water Act, CWA, Sackett, SCOTUS, Supreme Court, Waters of the United States, wetlands, WOTUS
April 13, 2023

New WOTUS Rule Halted in Half of Country by Federal District Court

On April 12, 2023, a federal district court judge in North Dakota issued a temporary injunction blocking implementation of the EPA and Army Corps of Engineers regulations redefining Waters of the United States (“WOTUS”) under the Clean Water Act (“CWA”) (the “2023 WOTUS Rule”). Continue reading

Groundwater, Water

Allison A. Torrence, Army Corps of Engineers, Clean Water Act, CWA, EPA, Sackett, SCOTUS, Supreme Court, Waters of the United States, WOTUS
January 5, 2023

EPA and the Army Corps Finalize WOTUS Rule, Again

On December 30, 2022, U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Army Corps”) announced they had finalized the rule establishing the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”) (the “WOTUS Rule”). Continue reading

Water

Allison A. Torrence, Army Corps, Clean Water Act, CWA, EPA, Rapanos, Sackett, Waters of the United States, WOTUS
March 23, 2022

U.S. EPA Releases “ECHO Notify” to Increase Public Awareness of Enforcement Related Information

On March 22, 2022, U.S. EPA released a new web tool designed to ensure that information regarding environmental violations and enforcement actions is more readily available to the public. The new tool, called ECHO Notify, allows users to sign up for weekly emails when new information is available with respect to violations of environmental statutes… Continue reading

Air, Climate Change, Contamination, Emerging Contaminants, RCRA, Sustainability, Water

CAA, Clean Air Act, Clean Water Act, Corporate Environmental Lawyer, CWA, ECHO Notify, environment, EPA, hazardous waste, Jenner & Block, RCRA, Resource Conservation and Recovery Act, Safe Drinking Water Act, SDWA, Steven M. Siros, Water
March 15, 2022

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice Considerations

On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans for worst case discharges of hazardous substances. Continue reading

CERCLA, Climate Change, Water

Clean Water Act, Climate Change, CWA, Environmental Justice, Environmental Protection Agency, EPA, Facility Response Plan, hazardous substance, NRDC
January 24, 2022

WOTUS to Get The SCOTUS Treatment, Again

On January 24, 2022, the U.S. Supreme Court agreed to hear a case on the scope and authority of the Clean Water Act (“CWA”). The Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency, 19-35469, on appeal from the U. S. Court of Appeals for the Ninth Circuit. Continue reading

Real Estate and Environment, Water

Allison A. Torrence, Army Corps, CWA, EPA, Kennedy, Sackett, Scalia, SCOTUS, significant nexus, Supreme Court, Waters of the United States, WOTUS
June 24, 2021

EPA to Revise or Replace Trump-Era Clean Water Act Rules, But Will Leave Existing Rules In Place For Now

The U.S. Environmental Protection Agency (“EPA”), under Administrator Michael Regan, has begun the process of reviewing and revising two key Clean Water Act (“CWA”) rules: The Navigable Waters Protection Rule and the CWA Section 401 Certification Rule. Continue reading

Climate Change, Real Estate and Environment, Sustainability, Water

401 Certification, Allison A. Torrence, biden, Clean Water Act, CWA, Navigable Waters, Regan, Trump, Waters of the United States, WOTUS
June 1, 2020

U.S. EPA Limits States’ Veto Rights on Infrastructure Projects

By Steven M. Siros Under Section 401 of the Clean Water Act (“CWA”), projects requiring federal permits or licenses that have the potential to result in point source discharge into waters of the United States must obtain a Section 401 water quality certification evidencing compliance with applicable state water quality standards. Until this state… Continue reading

Water

Air, CERCLA, Clean Water Act, Climate Change, Corporate Environmental Lawyer, Critical Environmental, CWA, GHG, Hazmat, Health & Safety Developments, OSHA, RCRA, Steven M. Siros, Sustainability, TSCA, Water
April 23, 2020

Supreme Court Expands the Reach of Clean Water Act Permitting Authority

On April 23, 2020, the U.S. Supreme Court issued an important decision on the reach of the Clean Water Act (“CWA”). The Court’s decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, Case No. 18–260, addresses whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable… Continue reading

Water

Allison A. Torrence, Breyer, Clean Water Act, CWA, EPA, Groundwater, Hawaii, Maui, Supreme Court, Water
December 12, 2018

The Trump Administration Issues Proposed “Waters of the United States” Rule Under CWA

On December 11, 2018, the U.S. EPA and the U.S. Army Corps of Engineers jointly issued a proposed rule to define the basic jurisdictional reach of the federal Clean Water Act (“CWA”), which applies to protection of the “navigable waters” of the U.S. The proposed rule defines the term “waters of the United States,” which… Continue reading

Climate Change, Sustainability, Water

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, CWA, Gabrielle L. Sigel, GHG, Hazmat, Health & Safety Developments, OSHA, RCRA, TSCA, Water, WOTUS