Tag: Clean Water Act

The EPA, CWA, and Invasive Organisms

Last month, a letter signed by 160 organizations was sent to President Joseph Biden Jr. requesting that he take action to direct the EPA to implement discharge standards for ships’ ballast water that comply with the Clean Water Act (CWA). EPA administrator Michael Regan also received a similar request from 34 members of Congress. “Ballast […]

Proposed Rule Puts States Back in Power Under the CWA Permitting Process

In following President Joseph Biden Jr.’s Executive Order (EO) 13990 on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, on June 2, 2022, the EPA announced a proposed rule to update the regulatory requirements under the Clean Water Act (CWA) Section 401 Certification Rule. The proposed rule will strengthen […]

Streamlined CWA Permitting Final Rule Issued

On December 27, 2021, the Army Corps of Engineers (Corps) issued a final rule for the reissuance and modification of nationwide permits (NWP), which authorizes “certain activities under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) of 1899 that have no more than minimal individual […]

EPA Rescinds Previous CWA Guidance Requirements

The EPA on September 16 rescinded its guidance document entitled “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program.” This guidance document was issued on January 14, 2021, by the Trump administration. “Using the tools provided by the […]

EPA Guidance on CWA WET Tests Challenge Dismissed

The Ninth Circuit Court of Appeals on August 5 dismissed a challenge to EPA guidance documents in Southern California Alliance of Publicly Owned Treatment Works, et al. v. U.S. Environmental Protection Agency. Guidance documents are often issued by agencies such as the EPA to provide government entities with a means to move quickly without having […]

Navajo Nation Sees Relief in Lawsuit Over Navigable Waters Definition

New Mexico is known as the “Land of Enchantment,” but it is also a state without a lot of bodies of water. When the Trump administration changed the “navigable waters” definition to include only waters that flowed year-round, both New Mexico and Arizona were particularly hard hit, as the majority of their waterways don’t have […]

Power lines in wetlands, Nationwide Permits, Clean Water Act

Changes to Nationwide Permits System Announced by Army Corps of Engineers

On January 13, 2021, the U.S. Army Corps of Engineers (USACE) announced publication in the Federal Register of its final rule for revisions and renewals to Nationwide Permits (NWPs). The USACE “reissued 12 and issued four new (NWPs) for work in wetlands and other waters that are regulated by Section 404 of the Clean Water […]