The Energy Law Blog

JULY 26, 2013

By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration.

Clean Water Act 40

Clean Water Act 2013 2006 Government 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 Blog

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

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 Blog

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

The Energy Law Blog

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 Blog

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 Blog

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 Regulations 2014 40

Vermont Law

MARCH 23, 2015

Summary: A brief look at the fracking industry in Northern Michigan, the laws and regulations, and how fracking is impacting the Grand Traverse Bay Watershed and the Great Lakes. However, Michigan laws also largely exempt fracking from key water protection statutes, like Michigan’s codification of the Great Lakes Compact.

Natural Gas 40

Natural Gas 2010 Regulations Natural Resources 40

The Energy Law Blog

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

The Energy Law Blog

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

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

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

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

The Energy Law Blog

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

Circle of Blue

SEPTEMBER 22, 2022

They are allowed by law and timid regulatory inertia to annually spread 400 millions of tons of solid manure, and 4 billion gallons of raw, untreated liquid animal feces and urine – 5,000 to 7,000 gallons per acre – on 600,000 acres across Michigan; . “If pounds in 2006. Confrontation on New Permit. They are happening, though.

Regulations 354

Regulations Waste 2022 2015 354

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 306

Clean Water Act 2023 2001 Law 306

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

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 130

Clean Water Act 2006 Regulations Government 130

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. groundwater).

Clean Water Act 40

Clean Water Act 2020 Law 2006 40

Union of Concerned Scientists

MAY 19, 2022

With all the subtlety of a jackhammer, he asserted, “Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. In his draft ruling, Alito conferred credibility and salience to British anti-abortion laws of the 17 th and 13 th centuries. Broader implications.

Carbon Dioxide 299

Carbon Dioxide Climate Change Clean Water Act Fossil Fuels 299

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

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

AUGUST 30, 2021

Sams holds a bachelor’s of science degree in Business Administration from Concordia University-Portland and a master’s of legal studies in Indigenous Peoples Law from the University of Oklahoma. Feds protect a bumblebee unseen since 2006 – E&E News. Innovation and Competition Act ( S. He is a veteran of the U.S.

2021 98

2021 Clean Water Act Endangered Species Act Conservation 98

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

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. United States, should no longer determine the scope of the law.

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. At the same time, Regan and his water chief, Radhika Fox, have said they want to craft a more “durable” definition of the scope of protections.

2021 105

2021 Conservation Endangered Species Act Climate Change 105

ESA

JUNE 14, 2021

The agenda notes DOE is preparing a major rulemaking to reduce the use of fossil fuels in federal buildings — an implementation of a 2007 law. The Navigable Waters Protection Rule removed Clean Water Act protections for ephemeral streams and wetlands that do not have surface connections to intermittent or perennial streams.

2021 98

2021 Endangered Species Act Ocean Climate Change 98

ESA

JULY 12, 2021

Maine: Governor Janet Mills (D) signed a law permanently banning offshore wind development in state waters. This law came in response to the fishing industry’s concerns that offshore winding would hurt lobster harvests. Mills said that offshore wind and fishing can coexist in federal waters. International. .

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. Biden takes climate-law victory lap at U.N. – Similarly, the U.S. International.

2022 75

2022 Ocean Climate Change Technology 75