Tag Archives: water

EPA indicates intention to regulate certain PFAS in drinking water

The EPA is moving towards establishing a drinking water standard for PFOA and PFOS, and has stated that it is considering avenues for regulating additional groups of PFAS under the Safe Drinking Water Act (SDWA) as well.  On February 22, 2021, the EPA announced two actions under SDWA to address PFAS. First, the agency reissued … Continue Reading

U.S. Army Corps of Engineers revamps Clean Water Act Nationwide Permit 12

On January 5, 2021, the U.S. Army Corps of Engineers (the Corps) released the final version of a rule revamping certain nationwide permits (NWPs) under the Clean Water Act (CWA). The CWA authorizes the Corps to issue general permits authorizing categories of activities that have minimal individual and cumulative adverse environmental effects. These permits remain … Continue Reading

EPA administrator signs final power plant wastewater rule

On August 31, 2020, the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, signed the final rule (referred to as the Steam Electric Reconsideration Rule) initially proposed last year to revise the technology-based effluent limitations guidelines and standards (ELGs) for common types of wastewater discharges from electric power generating facilities. This final rule rolls back … Continue Reading

EPA finalizes updates to CWA water quality certification requirements

On July 13, 2020, the Environmental Protection Agency (EPA) published the Clean Water Act Section 401 Certification Rule. The rule is set to become effective on September 11, 2020, and will introduce comprehensive changes to the regulations governing how states and authorized tribes certify water quality under Section 401 of the Clean Water Act (CWA).… Continue Reading

ICYMI: June sees major U.S. Supreme Court environmental activity

1. Pipeline May Cross Underneath the Appalachian Trail with Forest Service Approval On June 15, 2020, the U.S. Supreme Court (SCOTUS) held in a 7-2 decision that the U.S. Forest Service had the authority to grant developers of a gas pipeline right-of-way underneath the Appalachian National Scenic Trail. At issue in this case was whether … Continue Reading

ICYMI: Major May U.S. Supreme Court environmental decisions

This month’s notable U.S. Supreme Court (SCOTUS) actions involve what the Court declined to review rather than any actual decisions. Declined to review: Fuel blenders exemption under the EPA’s RFS program On May 18, 2020, SCOTUS declined to review the U.S. Environmental Protection Agency’s (EPA) policy that fuel blenders are not responsible for mixing biofuels … Continue Reading

EPA announces new temporary enforcement discretion policy

In an unprecedented move, today (March 26, 2020) EPA issued a memorandum to its governmental and private sector partners about its new temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. The memo states the EPA will exercise its enforcement discretion for noncompliance covered by temporary policy and resulting from the … Continue Reading

Administrative agencies have broad subpoena power

A recent decision by a California court of appeal clarified the breadth of the California Water Resources Control Board’s (Board) subpoena power, which could have implications for other state agencies in California and elsewhere.  Moreover, private entities which are the subject of an administrative investigation may have a difficult time withholding financial records even if … Continue Reading

EPA repeals 2015 WOTUS rule amid broader environmental regulatory rollbacks

On September 12, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army issued a pre-publication draft of the final rule to repeal the 2015 Clean Water Rule definition of “Waters of the United States” (WOTUS Rule), which amended existing Clean Water Act (CWA) regulations. According to the EPA, the agencies’ goal … Continue Reading
LexBlog