Clean Water Act: EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data

Environmental News Bits

What GAO Found Since 2015, the Environmental Protection Agency (EPA) has modified one of its three national initiatives emphasizing compliance with the Clean Water Act and has discontinued two others (see fig.). Download the document.

With Friends Like These. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands

Acoel

This week the Sacketts of Idaho were handed their most recent litigation defeat by a three-judge panel of the Ninth Circuit Court of Appeals which held that Justice Kennedy’s 2006 “significant nexus” test for determining the reach of the Clean Water Act remains the law of the Ninth Circuit even though subsequent EPA regulations take a different tack. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands appeared first on ACOEL.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits

Vorys Law

Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021. Section 404 of the CWA prohibits the discharge of dredge or fill material into a “water of the United States” (WOTUS) without a permit. NWP 52 – Water-Based Renewable Energy Generation Pilot Projects. • The U.S.

Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under the Clean Water Act

MGKF Law

On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. Read More » Tags: Citizen Suit , Clean Water Act , Energy , Federal Procedure , Ninth Circuit , Procedure , Sovereign Immunity , Tribal Lands This Blog Post was authored by Omar Khodor, a summer associate.

WOTUS Update: EPA Makes Announcement, Status Update for On-Going Lawsuits

National Law Center

Brigit Rollins Clean Water Act Environmental Law Environmental Protection Agency WOTUS UpdateOn June 9, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) released a joint statement announcing.

Biden Administration Begins Review of Environmental Regulations

National Law Center

Brigit Rollins Clean Water Act Endangered Species Act Environmental Law Environmental Protection Agency Fish and Wildlife Service National Environmental Policy Act

WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

National Law Center

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the. Brigit Rollins Clean Water Act Environmental Law Environmental Protection Agency WOTUS Update

From Supreme Court to State Courts, Important Enviro Rulings from June 2021

National Law Center

Brigit Rollins Clean Air Act Clean Water Act Environmental Law Environmental Protection Agency Water LawThe past few month has seen a series of important environmental law decisions from various courts across the United States.

Pennsylvania Court Holds that Clean Water Act and Clean Streams Law are not Comparable, Permitting Citizens Suit to Proceed

MGKF Law

18, 2021), denied a factory owner’s motion for summary judgment based on its holding that the Clean Water Act (“CWA”) and the Pennsylvania Clean Streams Law (“PCSL”) are not “roughly comparable” statutes. Read More » Tags: Citizen Suit , Clean Streams Law , Clean Water Act , Effluents , Enforcement Action , NPDES , Pennsylvania , Pennsylvania Department of Environmental Protection , Permits , Preemption , Water

Arizona Court Vacates WOTUS Rule

National Law Center

On August 30, 2021, a federal judge in the district of Arizona issued an order vacating the Navigable Waters Protection Rule. Brigit Rollins Clean Water Act Environmental Law Environmental Protection Agency WOTUS Update

Notice to SCOTUS: Coal Ash Should Be a Point Source Discharge Under the Clean Water Act

Vermont Law

. Notice to SCOTUS: Coal Ash Should Be a Point Source Discharge Under the Clean Water Act.

2018 40

Biden EPA Rescinds Trump Guidance on Clean Water Act “Functional Equivalent Test”

Ohio Environmental Law

Hawaii Wildlife Fund addressed when a permit is required under the Clean Water Act for discharges to groundwater. Prior to Maui , it was a long standing debate as to when the Clean Water Act (CWA) in order to discharge to groundwater. In 2019, the U.S.

OH, CONGRESS FORGOT THE SCIENCE

Acoel

In Maui , the Supreme Court held that an NPDES permit is required when pollutants originating from a point source are conveyed into a navigable water through groundwater in a manner that constitutes the functional equivalent of a direct discharge to the navigable water. Clean Water Ac

Sierra Club v. Virginia Electric & Power Co.: How a Clean Water Act Misinterpretation May Open the Floodgates to Future Groundwater Polluters

Vermont Law

Since Congress enacted the Federal Water Pollution Control Act (Clean Water Act), federal circuit courts have contemplated the issue of whether groundwater pollution falls under the “navigable water” provision of the Clean Water Act’s (CWA)—albeit without tenable guidance. At first blush, groundwater appears distinct from the federally regulated category of navigable waters.

2020 40

Army Corps Reissues Nationwide Permits, Dividing NWP 12 Into Three

SPR Law

Clean Water Act Environmental Impact Review Environmental Review, Permitting and Litigation for Government-Sponsored Developments Environmental Review, Permitting and Litigation for Private Commercial Developments PermittingOn January 13, 2021, the U.S.

2017 52

Supreme Court Granted Certiorari to a Clean Water Act Case: Hawai‘i Wildlife Fund v. County of Maui

Vermont Law

The study showed that there was a hydraulic connection between the Lahaina Wastewater Reclamation Facility (LWRF) and the water off the coast of Kaanapali. As a result, the chemical, physical, and biological integrity of the water off Kaanapali has degraded. The purpose of the CWA is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Supreme Court Granted Certiorari to a Clean Water Act Case: Hawai‘i Wildlife Fund v.

2019 40

U.S EPA and Army Corps Revert Back to Pre-2015 Interpretation of “Waters of the United States”

Vorys Law

District Court for the District of Arizona issued an Order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. EPA’s website indicating the that Agencies have halted implementation of the Navigable Waters Protection Rule and are reverting back to the pre-2015 regulatory regime for interpreting the meaning of “waters of the United States” (WOTUS) subject to federal jurisdiction under the Clean Water Act.

2020 40

Federal Water Tap, June 14: Biden Administration Will Rewrite Trump-Era Clean Water Act Rule

Circle of Blue

The EPA and Army Corps will take yet another attempt at defining what waterways are protected by the Clean Water Act. Senators propose $10 billion to test for and clean up PFAS contamination at Defense Department sites. Water Affordability in Maryland. The Rundown.

Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

Acoel

became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean Water Act. United States Dep’t of Labor , finding a tribal immunity waiver under the Safe Drinking water Act, explaining that unlike the citizen suit provision in the CWA, the enforcement provision of the SDWA does not mention the sovereign immunity of the United States or the Eleventh Amendment.

Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US

E2 Law Blog

May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C.

2004 52

Zero Trash: Using the Clean Water Act to Control Marine Debris in California

Vermont Law

Los Angeles is a leader in using the federal Clean Water Act tool of Total Maximum Daily Loads (TMDLs) to mitigate a major contributing source of marine trash: urban stormwater. over $520 million annually on prevention and clean-up. And during the next rainstorm, water gushes along the impervious pavement of cities, carrying this trash with it into ocean-bound sewers and waterways. Clean Water Act. , Using the Clean Water Act tool of.

2015 40

Fighting Big Coal––Washington Judge Allows Novel Clean Water Act Citizens’ Suit to Proceed

Vermont Law

If proven, this would constitute violations of the federal Clean Water Act. _. The organizations filed suit against Burlington Northern Santa Fe Railway Company (“BNSF”) under the Federal Water Pollution Control Act (commonly known as the Clean Water Act (“CWA”)) for their illegal discharges of coal, coal dust, and coal byproducts into waters of the United States from trains travelling from the coal mines of Montana through Washington State.

2014 40

Delaware RiverKeeper Applauds Federal Court Action To Vacate Rollback Of Section 401 Federal Clean Water Act Reviews

PA Environment Daily

District Court vacated the previous administration’s rollback to Section 401 of the Clean Water Act in a consolidated legal action involving multiple states, tribes, and non-profit groups seeking review of the Trump rule. On October 21, a judge for the U.S. The Delaware Riverkeeper Network filed a similar legal challenge to these rollbacks in the U.S.

Supreme Court Adopts Major New “Functional Equivalent Test” for Discharges under Clean Water Act

Ohio Environmental Law

Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. Hawaii Wildlife Fund. The central issue was whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a non-point source (in this case groundwater). Does the wastewater treatment plant need a Clean Water Act permit? On April 23rd, the U.S.

How Safe is Your WOTUS Harbor?

Acoel

The Supreme Court in Hawkes ruled that AJD’s were “final agency actions” subject to judicial review under the Administrative Procedure Act in large part due to this “Safe Harbor” guarantee. Then came the “Navigable Waters Protection Rule” (NWPR) and the shrunken definition of “waters of the US” (WOTUS). There was considerable speculation about what impact this new rule would have on the scope of the Clean Water Act.

EPA and Army Announce Intent to Revise “Water of the United States” Rule

Greenbuilding Law

Last week the Environmental Protect Agency and Department of the Army announced the agencies’ intent to initiate new rulemaking that restores the Obama era waters of the United States rule that was in place pre-2015, and before the current Trump era rule.

What Do Farmers Actually Get from the New WOTUS Rule?

Environmental Law Prof Blog

This morning, the US Army Corps of Engineers and EPA released a final rule determining which aquatic features are covered by the Clean Water Act. Already, the press coverage is following a familiar pattern: farming lobbyists praise the rule as

2020 63

States Scramble to Respond to Navigable Waters Protection Rule

Ohio Environmental Law

The Trump Administration’s Navigable Waters Protection Rule (NWPR) went into effect on June 21, 2020. streams that have water only when it rains or there is snow fall). A large portion of these streams are no longer protected under the Clean Water Act.

2020 52

WEBINAR: Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

Endangered Species Law

Others result from the uncertainty inherent in pending listing decisions under the Endangered Species Act, updates to the Nationwide Permitting Program under the Clean Water Act, the ever-changing definition of Waters of the United States and the Biden

Trump Administration’s Navigable Waters Protection Rule and Its Impact on Ohio

Ohio Environmental Law

On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule. After more than four decades, the extent of federal jurisdiction under the Clean Water Act remains a contentious issue. underground waters (i.e.,

2020 40

Trump Administration Redefines Federally Protected Waters

Ohio Environmental Law

On January 23rd, the Trump Administration released the final version of the rule which defines which waters are protected under the Clean Water Act. The new rule is called the Navigable Waters Protection. It replaces the prior Obama Administration rule referred to as WOTUS- “Waters of the United States.” ” The Order called for repeal of the WOTUS rule and replacement with a new definition of federally protected waters.

2020 40

Citizen Suits and Stormwater Pollution Prevention Plans

Environmental Crimes

  Environmental groups and enterprising plaintiffs’ firms are now using the citizen suit provisions of the Clean Water Act as a business model.   The Clean Water Act authorizes citizens to hold regulated entities accountable through private actions in federal court for violations of the Clean Water Act.  Enforcement by the USEPA is down by just about any metric measuring the enforcement of environmental laws.

2019 40

Supreme Court Tries to Set a Bright Dividing Line on CERCLA Claims, but has it?

MGKF Law

20-382 (May 24, 2021), the eagerly anticipated opinion on whether consent decrees and administrative orders that do not expressly resolve liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) nevertheless give rise to a claim for contribution under Section 113(f)(3) of CERCLA. Less than a month after hearing oral arguments, the United States Supreme Court issued its unanimous decision in Guam v. United States , Docket No.

Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way

Law and Environment

Earlier this month, the 9 th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui.

Are Pretreatment Standards for PFAS in Landfill Leachate Coming?

Environment Next

In addition to announcing the initiation of new rulemakings for certain categories of industrial dischargers, the report provides a window into where the agency is focusing its attention for potential future clean water act regulations. The U.S.

Water, Water Everywhere Nowhere, And Not a Drop To Drink

Acoel

Early in my career, I was involved in a natural resource damages case seeking to establish the monetary value of an impacted drinking water aquifer. Western water policy was formed out of the common law development of the “wild west.” It is time for a fresh look at water policy.

Back to the Future: Waters of United States Reverts to Pre-2015 Definition

Environment Next

Developers, ranchers, farmers and others who fill or alter bodies of water have seen a never-ending carousel of regulatory changes to the federal rules that apply to such activities. Federal agencies later defined “waters of the United States” by regulation.

2015 52

Federal Water Tap, August 9: Infrastructure Bill Edges Forward in Senate

Circle of Blue

The Senate Appropriations Committee boosts spending for Bureau of Reclamation water programs in a 2022 budget bill. Feds propose a settlement over a 2014 incident in North Dakota that was the largest inland spill of produced water from oil production. government water policy.

U.S. House Passes Bill Requiring EPA to Regulate PFAS Compounds

Environment Next

House of Representatives passed the PFAS Action Act of 2011 , requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds. General Environmental PFAS Uncategorized drinking water EPA PFOA PFOSOn July 21, 2021, the U.S.

Deja Vue All Over Again- No Certainty on Federal Regulation of Waters of the United States

Ohio Environmental Law

An Arizona federal court has vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR). CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of the Clean Water Act (i.e.