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.
By a tally of 6 to 3, the U.S. Supreme Court found that under certain circumstances, a discharge of pollution from a point source that travels in groundwater before entering a navigable water subjects the discharger to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA).
According to the U.S. Army Corps of Engineers, the Navigable Waters Rule (NWR), issued by the Corps and the EPA, will effectively remove 51% of the Corps’s mapped wetlands from federal jurisdiction under the Clean Water Act (CWA). Much of that eliminated inventory was subject to federal protection under the Obama administration’s 2015 Clean Water […]
Attempts by the Menominee Indian Tribe of Wisconsin to invalidate a Clean Water Act (CWA) Section 404 (dredge and fill) permit the Michigan Department of Environmental Quality (MDEQ) granted Aquila Resources Inc. for a mining project on a portion of the Menominee River were unsuccessful in both a federal district court and the U.S. Court […]
In their just-released final rule, the EPA and Army Corps of Engineers (EPA/Corps) provide a definition of the Clean Water Act (CWA) term Waters of the United States (WOTUS) that, the agencies say, is based in the commerce clause of the Constitution.
In draft letters dated October 16, 2019, and addressed to EPA Administrator Andrew Wheeler, the chair of the Agency’s Science Advisory Board (SAB) raised substantive concerns about four major EPA regulatory proposals.
Section 1313 of the Clean Water Act (CWA) directs that states must develop total maximum daily loads (TMDLs) for water bodies that are impaired by pollutants or conditions (e.g., temperature or turbidity). The state submits these TMDLs to the EPA for approval. If the Agency approves the state’s submission, the TMDL takes effect. If the […]
The Trump administration is relying heavily on its environmental authority to try to reverse the declining role of coal in energy generation. Under both the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), the Agency has the power to regulate how much the coal-fired electricity sector must do and how much […]
President Donald Trump backed up the administration’s priority environmental commitment to clean drinking water by signing into law the Water Infrastructure Funding Transfer Act (S. 1689).
The environmental ill will between the U.S. Environmental Protection Agency (EPA) and the nation’s most populous state, California, has spilled over from the Clean Air Act (CAA) to the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA).