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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 […]
On May 27, 2021, the EPA announced in a press release that it will revise the 2020 Clean Water Act (CWA) Section 401 Certification Rule after determining the rule hinders state and tribal authorities from protecting their water resources.
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 […]
In response to the U.S. Supreme Court’s (SCOTUS) decision in County of Maui v. Hawaii Wildlife Fund, the EPA issued draft guidance dated December 4, 2020, to clarify how the Agency intends to apply the decision on a case-by-case basis.
In November, the EPA asked the 10th Circuit Court of Appeals in Colorado to restore its definition of waters that are protected by the Clean Water Act (CWA) after it was struck down by a federal judge at the request of the state of Colorado.
On November 2, 2020, a final rule addressing the Clean Water Act National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule (eRule) was published by the EPA in the Federal Register.
In response to complaints by Senator Dianne Feinstein (D-Calif.) and Senator Kamala D. Harris (D-Calif.), on August 25, 2020, the U.S. Government Accountability Office (GAO) announced it would open a review of the penalties the EPA has assessed against San Francisco due to sewer overflows.
The Environmental Justice for All Act was introduced in the U.S. Senate on June 30, 2020.
On July 13, 2020, the EPA published its final rule “to update and clarify the substantive and procedural requirements for water quality certification under Clean Water Act (CWA or the Act) section 401.”
Earlier this month, the EPA finalized its “Clean Water Act Section 401 Certification Rule,” which aims to increase the transparency and efficiency of the Clean Water Act (CWA) Section 401 water quality certification process to promote the timely review of infrastructure projects.