The Energy Law

MAY 17, 2011

Army Corps of Engineers (the Corps) released new proposed guidance on how the agencies will identify waters protected by the Clean Water Act (CWA) in light of Solid Waste Agency of Northern Cook County v. 715 (2006). Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) and Rapanos v. United States, 547 U.S.

Clean Water Act 40

Clean Water Act 2011 2001 2006 40

Law and Environment

MAY 31, 2023

Environmental Protection Agency , which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. United States , 547 U.S.

Law 130

Law Clean Water Act Regulations Ocean 130

Environment Next

AUGUST 31, 2021

District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion ). The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the Clean Water Act. 715 (2006).

2015 52

2015 Clean Water Act 2006 2020 52

The Energy Law

JULY 25, 2013

To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005. The 2006 regulations were judicially challenged and eventually vacated. CWA §402(l)(2).

Regulations 40

Regulations Energy Policy Act 2008 Clean Water Act 40

The Energy Law

MAY 26, 2016

The judgment is the latest in a suit the EPA filed against CITGO under the Clean Water Act for a 2006 spill at the oil company’s St. District Court Judge Richard Haik found CITGO negligent, and, based on the factors in the Clean Water Act, imposed a $6 million civil penalty. Charles refinery.

Clean Water Act 40

Clean Water Act 2015 2016 2006 40

The Energy Law

JULY 6, 2007

Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. 2208 (2006). 2208 (2006). a)(7), the definition of "waters of the United States," and the property owners objected. United States , 126 S.

2006 40

2006 2007 Clean Water Act Environmental Protection 40

The Energy Law

JUNE 25, 2008

The Ninth Circuit found EPA’s rule, which was a codification of a recent exemption added to the Clean Water Act (CWA or the Act), to be an impermissible interpretation of the Act. As for large construction activities, they previously required NPDES permits (prior to June 12, 2006). 06-73217 (9th Cir.

2006 40

2006 Energy Policy Act Clean Water Act 2005 40

Ohio Environmental Law

SEPTEMBER 4, 2023

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

Clean Water Act 52

Clean Water Act 2001 2006 Regulations 52

The Energy Law

APRIL 1, 2014

On March 25, 2014, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) jointly released a proposed rule purporting to clarify the scope of the “waters of the United States” protected under the Clean Water Act. United States, 547 U.S.

Clean Water Act 40

Clean Water Act 2006 2014 Regulations 40

Ohio Environmental Law

SEPTEMBER 4, 2023

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

Clean Water Act 52

Clean Water Act 2001 2006 Regulations 52

The Energy Law

JANUARY 2, 2024

EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year conflict between the U.S. Army Corp of Engineers (“USACE”) and a Louisiana landowner over the agency’s Clean Water Act (“CWA”) jurisdiction over the subject property. In Lewis v. United States , Case No.

Clean Water Act 52

Clean Water Act 2006 Law 2023 52

Vermont Law

MARCH 23, 2015

States are primarily responsible for regulating fracking activities, as fracking is exempt from most federal laws targeted toward environmental protection, such as the Clean Water Act, National Environmental Policy Act, and the Safe Drinking Water Act. Local ordinances, such as the.

Natural Gas 40

Natural Gas 2010 Regulations Natural Resources 40

Circle of Blue

FEBRUARY 2, 2022

In the United States, excess nutrients build up in waterways from Lake Erie to the Gulf of Mexico, precipitating algae outbreaks that kill fish, close public drinking water utilities, and pollute water. Sydnee Owens, who contracted non-Hodgkin’s lymphoma in 2006, died six year later at age 14. He was 19 when he died.

2016 364

2016 Regulations 2011 Environmental Protection 364

Acoel

JUNE 6, 2023

715 (2006) case many years ago. Kennedy’s opinion served as a basis for revisions to the definition of “waters of the United States” (WOTUS) proposed by both Obama and Biden, both the subject of much litigation. United States, 547 U.S.

Clean Water Act 105

Clean Water Act 2001 Ocean 2006 105

Circle of Blue

DECEMBER 5, 2022

In conjunction with a White House summit, the Biden administration proposed strengthening water quality standards for rivers and lakes in order to preserve the ability of Indian tribes to fish, gather, and use their lands in ceremonies. This is the first time the EPA has set biofuels targets under the program that began in 2006.

Biofuels 130

Biofuels Clean Water Act 2025 2006 130

Circle of Blue

SEPTEMBER 22, 2022

The authority to do so is embedded in the federal 1972 Clean Water Act, which defined large livestock and poultry farms as “point sources” of water pollution that require permits to discharge their wastes. . pounds in 2006. The process for achieving that goal is called a TMDL – total maximum daily load.

Regulations 354

Regulations Waste 2022 2015 354

Circle of Blue

OCTOBER 3, 2022

Supreme Court begins its October term today with a wetlands lawsuit that could redefine the Clean Water Act. Tribes tell the Bureau of Reclamation to prioritize long-term infrastructure solutions for the $4 billion in Inflation Reduction Act funds for western drought response. government water policy. The Rundown.

Clean Water Act 130

Clean Water Act 2001 Government 2006 130

Acoel

JANUARY 12, 2023

The definition of “waters of the United States” (WOTUS) determines federal jurisdiction under the Clean Water Act (CWA). 715 (2006)). District Court for the District of Arizona vacated the definition of WOTUS promulgated by President Trump’s administration, referred to as the Navigable Waters Protection Rule.

Clean Water Act 40

Clean Water Act Regulations 2006 2022 40

The Energy Law

MAY 26, 2023

21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. 715, 739 (2006). [3] Supreme Court decision in Sackett v.

Clean Water Act 97

Clean Water Act 2006 2015 Regulations 97

Union of Concerned Scientists

JANUARY 3, 2024

2023 was a rough year for clean water. The Supreme Court took a hammer to the Clean Water Act with its decision in Sackett v. The Sackett decision was a tremendous loss for everyone who depends on clean water—that is, for all of us. In response, 27 states sued , and the rule was put on hold.

Clean Water Act 297

Clean Water Act 2023 2001 Law 297

Ohio Environmental Law

MAY 8, 2020

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.

Clean Water Act 40

Clean Water Act 2020 Law 2006 40

Legal Planet

JANUARY 27, 2022

21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. Earlier this month, Legal Planet colleague Dan Farber wrote a typically-thoughtful post on this site aptly titled, “The Quagmire of Clean Water Act Jurisdiction.” USEPA , No.

Clean Water Act 100

Clean Water Act 2006 Regulations Government 100

Union of Concerned Scientists

MAY 19, 2022

Outside of bird protection acts of the early 20 th century, protections for water, air and the atmosphere are a late 20 th -century development, created in the wake of Rachel Carson’s 1962 treatise on pesticides, Silent Spring. Justice Alito has displayed similar cynicism about water protection. The EPA under both the George W.

Carbon Dioxide 297

Carbon Dioxide Climate Change Clean Water Act Fossil Fuels 297

Acoel

NOVEMBER 23, 2021

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.

Clean Water Act 52

Clean Water Act 2006 Law Regulations 52

Ohio Environmental Law

APRIL 23, 2020

Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. A source of ongoing debate over the scope of the Clean Water Act has been to what extent does the statute regulate discharges when they come into contact with groundwater?

Clean Water Act 40

Clean Water Act Ocean Regulations 2019 40

Ohio Environmental Law

FEBRUARY 4, 2020

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.”

Clean Water Act 40

Clean Water Act 2006 Regulations Law 40

ESA

AUGUST 30, 2021

Clean Water Act: A memo from the EPA and the Army Corps of Engineers provides guidance about how the Biden administrations will implement a 2020 Trump administration Clean Water Act rule limiting states’ ability to block infrastructure projects over water quality concerns. Justice Dept. Justice Dept.

2021 98

2021 Clean Water Act Endangered Species Act Conservation 98

Ohio Environmental Law

OCTOBER 6, 2021

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. The Clean Water Act does not further define the phrase “waters of the United States.”

Clean Water Act 97

Clean Water Act Regulations 2006 2015 97

ESA

OCTOBER 11, 2022

EPA, Ruling Could Impact the Definition of “Waters of the U.S.”. ESA and other scientific societies file brief arguing that the interpretation of the Clean Water Act is inherently founded on science. The Supreme Court failed to reach a consensus in the 2006 Rapanos v. In this issue: Supreme Court Hears Sackett v.

2022 75

2022 Clean Water Act 2027 Ocean 75

Circle of Blue

NOVEMBER 8, 2021

The House passed an infrastructure package that includes a historic federal investment in water systems. Congressional Republicans introduce a bill that would narrowly define the scope of the Clean Water Act. The EPA orders officials in a Michigan city to address lead-contaminated drinking water. WOTUS in Congress.

Clean Water Act 130

Clean Water Act 2006 Regulations Government 130

ESA

MARCH 28, 2022

The species is currently protected under the Endangered Species Act as a threatened species. White-nose syndrome is a deadly fungal infection that was first discovered in New York in 2006. EPA – Proposed Settlement Agreement, Clean Water Act. Nominations should be submitted by April 13, 2022.

2022 52

2022 Endangered Species Act Technology Technology 52

ESA

MAY 31, 2023

In this issue: Supreme Court dramatically shrinks Clean Water Act’s reach Biden administration must now rework recent Clean Water Act regulations. Those industries have fought for decades to limit the law’s reach. The case centers on a patch of wetlands on an Idaho couple’s property.

2023 98

2023 Clean Water Act Natural Resources Climate Change 98

ESA

NOVEMBER 22, 2021

The Biden administration moved Thursday to formally repeal the Trump administration’s controversial rule that vastly restricted the scope of Clean Water Act protections. By Annie Snider, PoliticoPro, 11/18/2021. or WOTUS. “In The details: The move is largely procedural. United States.

2021 105

2021 Conservation Endangered Species Act Climate Change 105

ESA

JANUARY 9, 2023

The EPA announced a new Clean Water Rule in Dec. In this case, Chantell and Michael Sackett sought a Clean Water Act Section 404 permit to develop wetlands on their Idaho property that was denied. The Supreme Court failed to reach a consensus in the 2006 Rapanos v.

2023 40

2023 Clean Water Act 2022 Biotechnology 40

ESA

JUNE 14, 2021

EPA: Administrator Michael Regan announced that that agency will repeal the Trump administration’s 2020 Navigable Waters Protection Rule, which replaced the Obama administration’s 2015 Clean Water Rule. Integrated Ocean Observing System (IOOS®) Advisory Committee Meeting (June 14).

2021 98

2021 Endangered Species Act Ocean Climate Change 98

ESA

JULY 12, 2021

NOAA NMFS – Atlantic Highly Migratory Species; Amendment 13 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Bluefin Tuna Management Webinars (July 14). EPA – Notice of Intention To Reconsider and Revise the Clean Water Act Section 401 Certification Rule.

2021 98

2021 2026 Climate Change Clean Water Act 98

ESA

SEPTEMBER 26, 2022

Sanders and progressive Democrats in the House are opposing Manchin’s permitting proposal, citing concerns that the reforms would helps fossil fuel projects and undermine the National Environmental Policy Act and the Clean Water Act. White-nose syndrome is a deadly fungal infection impacts bats. Similarly, the U.S.

2022 75

2022 Ocean Climate Change Technology 75