Tag: CWA

USA water map

EPA Looks to Speed Up CWA State Certification Process

The EPA has issued new guidance describing measures and other considerations federal agencies should adopt when fulfilling their roles in the Clean Water Act’s (CWA) Section 401 state certification process, particularly in relation to federal permitting of infrastructure projects. Specific topics addressed in the guidance are timelines for review and action on Section 401 certifications, […]

Oil rig

EPA Seeks a Better Understanding of Produced Water Management

Produced water—the subject of a new EPA draft study—is a multifaceted environmental issue that presents golden opportunities and prompts difficult human health and ecological questions. The draft is the latest in a series of actions the Agency is taking to better understand how produced water is managed nationwide, explore additional management options, and consider the […]

Water, groundwater

EPA Issues Interpretive Statement on CWA, NPDES, and Groundwater

In a lengthy interpretive statement, the EPA takes the position that a pollutant discharged from a point source, which reaches a water of the United States via a hydrologic connection provided by groundwater, is not subject to permitting under the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES).

CWA Discharge Dispute Headed to Supreme Court

Opposing opinions by three U.S. appeals courts (two issued by the same circuit on the same day) have led to a decision by the U.S. Supreme Court to address the core Clean Water Act (CWA) question—Is a point source discharging pollutants to navigable water via a groundwater pathway the functional equivalent of a direct discharge […]

wetlands

California Proposal Offers Broader Water Protections

In its proposed replacement definition of Waters of the United States (WOTUS), the EPA emphasized that one of its goals was to “strike a balance between Federal and State waters and carry out Congress’ overall objective [in the Clean Water Act (CWA)] to restore and maintain the integrity of the nation’s waters in a manner […]

WOTUS river

Agencies’ Proposal Seeks to Replace WOTUS Definition

With the release of their proposed redefinition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the EPA and the Army Corps of Engineers are, technically at least, midway in their journey toward replacing the Obama administration’s 2015 WOTUS definition. The prepublication version of the proposal is available here.

EPA Offices, Washington DC

What’s EPA Enforcement Like at Other Federal Facilities and Agencies?

The EPA’s enforcement of violations of environmental laws and regulations at federal facilities is a complicated business that has been addressed by the U.S. Supreme Court (Ohio v. United States Department of Energy, 1992, which affirmed federal facility sovereign immunity with respect to the Resource Conservation and Recovery Act (RCRA)), presidential Executive Orders, and by […]

Environmental Law

A New Enviro Enforcement Roundup

While our September 2018 environmental enforcement roundup isn’t as dramatic as some of our other recent reports, it still provides valuable lessons for organizations that want to avoid becoming the next statistic. It’s also worth noting that a provider of environmental services (which you’d think would know compliance backwards and forwards) made this month’s list, […]