Clean Water Act Status of U.S. Waters, 2022

Environmental Law Reporter

Clean Water Act Status of U.S. Waters, 2022. Rachel Jean-Baptiste. Mon, 05/02/2022 - 08:45. Volume. Issue.

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

Law and Environment

Water flowing into Blackstone Gorge just downstream from dam at Blackstone River & Canal Heritage State Park. The post Sometimes the Law Really Is Unambiguous — Clean Water Act Edition first appeared on Law and the Environment.

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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.

The Quagmire of Clean Water Act Jurisdiction

Legal Planet

The Biden Administration announced on Monday that it would not meet a February target date to issue a revised definition of federal jurisdiction under the Clean Water Act. The story begins with the 1972 passage of the Clean Water Act.

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.

Court Vacates CWA Section 401 Certification Rule

National Law Center

In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020. Brigit Rollins Clean Water Act Environmental Law Environmental Protection Agency

2020 79

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.

Environmental Law Topics to Watch in 2022

National Law Center

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

2022 78

Will the 30 x 30 Initiative Protect 30% of Freshwaters by 2030?

Acoel

A global movement is underway to protect 30 percent of the Earth’s lands and waters by 2030. lands and water and 30 percent of U.S. Sustainable water management is complicated, even more so than sustainable land management. Posted on January 12, 2022 by Sandra B. Zellmer.

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New Law Changes Wetland Regulation in the State of Indiana

National Law Center

Brigit Rollins Clean Water Act Environmental LawIn April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. Senate Bill 389 (“SB.

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.

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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.

Ag and Food Law Daily Update: December 10, 2021

National Law Center

Ag & Food Law Update Clean Water Act Environmental Protection Agency Farm Service Agency Fish and Wildlife Service Food Labeling National Oceanic and Atmospheric Administration

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WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS

National Law Center

Brigit Rollins Clean Water Act Environmental Law Environmental Protection Agency WOTUS UpdateOn December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the.

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

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

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

Promoting Public Awareness of Sewage Pollution in Massachusetts: An Opportunity Squandered

Acoel

Growing up in Massachusetts, we always “understood” that water we swam and recreated in was, well, “dirty.” So, it came as somewhat of a surprise that last year our legislature saw a need for, and our Governor signed as law, “an Act Promoting Awareness of Sewage Pollution in Public Waters.”

Iowa Supreme Court 2 – Raccoon River 0

Acoel

This agricultural nutrient pollution has long been the focus of controversy , particularly because the city of Des Moines uses the Raccoon River as a source of drinking water. environmental law when it comes to agricultural water pollution. Clean Water Act Litigation States Water

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

Wetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington

Legal Planet

21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. In the CWA, Congress indicated that federal jurisdiction to protect water quality and wetlands in the U.S. is limited to “navigable waters.”

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

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

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.

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

REGIONALLY-FOCUSED WOTUS ROUNDTABLE DISCUSSIONS

Acoel

25, 2021), that they will host ten virtual regional roundtables for the purpose of engaging in meaningful dialogue on the definition of waters of the United States (“WOTUS”) under the Federal Water Pollution Control Act. Clean Water Act Water

The Top 5 New Environmental Issues for Commercial Property Owners or Managers

E2 Law Blog

The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers.

Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups

E2 Law Blog

CERCLA Clean Water Act Compliance Contamination Emerging Contaminants EPA Featured Federal Regulation GT Alert Hazardous Waste Mass Torts PFAS PFOA PFOS RCRA Regulatory Risk management Safe Drinking Water Act TSCA Waste Water quality GT Insight pfoa pfos U.S.

Law 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.

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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.

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.

Law 40

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.

Law 52

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.

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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.

2020 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.

When it comes to Waters of the United States, the Best Available Science is important – but what about that pesky Commerce Clause?

Acoel

Last week EPA and the Army Corps of Engineers published their most recent proposed definition of “Waters of the United States” , an undefined term in the federal Clean Water Act, with an eye toward making that definition final in time for the Act’s 50th anniversary next year.

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

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.

2015 40

The New Environmental Rights Amendment to the New York Constitution

E2 Law Blog

On November 2, voters in New York approved “Proposal 2” and adopted a new section 19 to Article I of the state constitution that reads: “Each person shall have a right to clean air and water, and to a healthful environment.” What counts as “clean” air or water?

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