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.

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Clean Water Act 2011 2001 2006 40

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

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.

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Clean Water Act 2001 2006 Regulations 52

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

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. In the current regulation at 40 C.F.R. United States, 547 U.S.

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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

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.

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2006 2007 Clean Water Act Environmental Protection 40

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. water[s] of the United States, (i.e., In Lewis v.

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Clean Water Act 2006 Law 2023 52

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

Circle of Blue

FEBRUARY 2, 2022

Farms collectively are the largest source of nitrate pollution in rivers and groundwater, and the penalty for contaminated water — meaning stricter and more costly standards in order to protect public health — is paid by the people who drink it. He was 19 when he died. Alyssa Sandmeier died at age 10 from leukemia. If the U.S.

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2016 Regulations 2011 Environmental Protection 364

Circle of Blue

SEPTEMBER 22, 2022

Powerful Industry’s Torrent of Manure Overwhelms State Regulators Cause of Michigan’s worst water pollution is too much waste spread on too little land. To a large extent the harmful algal blooms that foul Michigan’s waters and turn western Lake Erie into a toxic inland sea are the result of mismatches. . Photographs by J.

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Regulations Waste 2022 2015 354

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.

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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. Supreme Court decision in Sackett v. United States , 547 U.S.

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Clean Water Act 2006 2015 Regulations 97

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.

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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.”

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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. They appear to have a sympathetic ear in Justice Alito. During February’s oral arguments in West Virginia v.

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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?

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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.”

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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

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Ohio Environmental Law

OCTOBER 6, 2021

CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of the Clean Water Act (i.e. which rivers, streams and lakes are federally regulated) had “fundamental, substantive flaws” and, therefore, vacated the NWPR. Since the 2006 U.S. Since the 2006 U.S.

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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.

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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. Courts Supreme Court decision about California’s pork regulations could impact state climate regulations.

2023 98

2023 Clean Water Act Natural Resources Climate Change 98

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.

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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. Council on Environmental on Environmental Quality – National Environmental Policy Act Implementing Regulations Revisions. or WOTUS. “In

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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. Environmental groups call on EPA to simplify pollution regulation – VTDigger. EPA – Proposed Settlement Agreement, Clean Water Act.

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ESA

JANUARY 9, 2023

Biden administration releases fall 2022 Unified Agenda, previewing regulations to come. The EPA announced a new Clean Water Rule in Dec. Senate Environment and Public Works Committee Ranking Member Shelly Moore Capito (R-WV) told E&E News that she will file a Congressional Review Act resolution to overturn the regulation.

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ESA

JUNE 14, 2021

The Biden administration laid out its timeline for rolling back major Trump environmental rules, but acknowledged that the process of enacting more protective regulations on climate and air pollution and drinking water will take years — if they can estimate the timeline at all.

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.

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