Supreme Court Reinstates Trump Clean Water Rule (For Now)

by Patrick J. Paul On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects under Clean … Continue reading

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Will the Sackett Test Clarify the Reach of Clean Water Act Jurisdiction?

by Michael C. Ford “Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of … Continue reading

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Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision

by Patrick J. Paul On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S. Environmental … Continue reading

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EPA to Revisit Clean Water Act WOTUS Rule

by Patrick J. Paul On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps … Continue reading

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Corps Announces Changes to Clean Water Act Permit Program

by Patrick J. Paul On January 13, 2021, the U.S. Army Corps of Engineers (Corps) announced revisions to its Nationwide Permit (NWP) Program under the Clean Water Act.  The final rule reissues 12 existing NWPs and creates four new NWPs. Major … Continue reading

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WOTUS Redefined: The New Definition of Waters of the United States

by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point … Continue reading

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Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

by Michael C. Ford, Lucas J. Narducci and Patrick J. Paul There is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant … Continue reading

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Idaho Finally Joins the EPA Primacy Party for Water Pollutant Discharge

by Andrew Hawes In 2014, what did Idaho, New Mexico, New Hampshire and Massachusetts have in common? Answer: the only states in the Union where pollutant discharge in waterways was overseen by the federal government (the U.S. Environmental Protection Agency), … Continue reading

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Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

by Denise A. Dragoo On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and improvements … Continue reading

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High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

by Anthony W. Merrill Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s decision may drastically redefine the … Continue reading

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