Latham's Clean Energy Law Report

Tag Archives: Clean Water Act

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

By Janice Schneider, Joel Beauvais, Stacey VanBelleghem, Jennifer Roy, and Francesca Bochner On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act went into effect. The … Continue Reading

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) to issue a proposed rulemaking for notice and comment to rescind or revise … Continue Reading

Supreme Court Grants Certiorari in Clean Water Rule Case Jurisdictional Challenge

By Andrea Hogan, Lucas Quass, John Morris and Steven Mach On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule).[1] The federal Clean Water Act (CWA) provides for original jurisdiction in the … Continue Reading

Sixth Circuit Stays Obama Administration’s New Clean Water Rule Nationwide

By Paul Singarella, Chris Garrett, Andrea Hogan, Daniel Brunton, John Heintz, Taiga Takahashi, and Lucas Quass On October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term that determines … Continue Reading

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

By Paul Singarella, Chris Garrett, Andrea Hogan, Daniel Brunton, Garrett Jansma, John Heintz, Danny Aleshire and Lucas Quass On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States … Continue Reading

Waters of the United States Proposed Rule

By Paul Singarella, Claudia O’Brien and David Amerikaner The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps), formally was published in the Federal … Continue Reading

California Releases the Nation’s First Chromium 6 MCL of 10 PPB

By Michael S. Feeley, John C. Heintz, Julia E. Stein and Bobbi-Jo Dobush On August 23, 2013, the California Department of Public Health (CDPH) released a draft Maximum Contaminant Level (MCL) of 10 parts per billion (ppb) for hexavalent chromium (Cr-6).[1]  The Clean Water Act is a federal law, which regulates water pollution.[2] It authorizes the states to … Continue Reading

Federal Court Rejects U.S. EPA’s Decision to Invalidate Existing Clean Water Act Section 404 Permit

By Mia Robertshaw The U.S. District Court for the District of Columbia has removed a layer of uncertainty for Clean Water Act section 404 permits.  On March 23, 2012, the Court held that the U.S. Environmental Protection Agency (EPA) exceeded its authority by purporting to invalidate an existing section 404 dredge-and-fill permit.  Nearly three years … Continue Reading

U.S. Army Corps Reissues 48 Existing and Two New Nationwide Permits

By Janice Schneider, Laura Godfrey, Buck Endemann, Josh Bledsoe, and Jennifer Roy On February 21, 2012, the U.S. Army Corps of Engineers (Army Corps) reissued 48 of its 49 existing nationwide permits (NWP) and also announced two new NWPs applicable to land- and water-based renewable energy development projects.[1]  The Army Corps is issuing the NWPs … Continue Reading

Roadblock to California Greenhouse Gas Cap and Trade Program Removed, but Others Remain

By Michael Feeley and Aron Potash A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources … Continue Reading

California Supreme Court Approves Administrative Remand in Power Plant Case; Expedited Review of California Energy Commission’s Siting Decisions Does Not Apply to Federal NPDES Permits Required Outside of Commission’s Siting Proceedings

In a decision that could have widespread application to cases challenging agency action, the California Supreme Court in Voices of Wetlands v. State Water Resources Control Board recently upheld the use of a procedural mechanism that some earlier decisions had held impermissible—the interlocutory remand to an administrative agency.  Use of this procedure can significantly expedite … Continue Reading

Army Corps of Engineers seeks comments on new nationwide permits (NWPs) for renewable energy projects

The Army Corps of Engineers recently proposed to reissue the existing NWPs (PDF) authorizing the discharge of dredged or fill material into waters of the United States for specified projects.  For those projects, NWPs can take the place of individual permits (PDF) under section 404 of the Clean Water Act.  Obtaining permit coverage through an … Continue Reading

New CAFO reporting requirements create enforcement risks and waste-to-energy opportunities

The United States Environmental Protection Agency faces an obligation to propose, before June of this year, a rule under the Clean Water Act which will impose reporting requirements upon owners and operators of concentrated animal feeding operations (PDF), or CAFOs, which include certain dairy and poultry farms, horse racing tracks, rodeo facilities, and many other types … Continue Reading