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Focus on Regulation

Tag Archives: Clean Water Act

Emerging EPA CWA Regulations to Address Potential Hazardous Substances Releases

On February 16, 2016, the U.S. District Court for the Southern District of New York approved a Consent Decree between environmental plaintiff groups and the U.S. Environmental Protection Agency that likely will result in comprehensive new requirements affecting companies that handle, store, transport or process hazardous substances. Envtl. Justice Health All. for Chem. Reform. v.

EPA Issues Final Cooling Water Intake Structure 316(b) Rule for Existing Facilities

On 19 May 2014, the U.S. Environmental Protection Agency (EPA) released a long-awaited final rule establishing requirements governing the location, design, construction, and capacity of cooling water intake structures (CWIS) at existing power generating and manufacturing facilities. Pursuant to section 316(b) of the Clean Water Act (CWA), the EPA is required to establish the “best

Hogan Lovells Webinar: EPA’s Expanded “Waters of the U.S.” Definition: Navigating the Unprecedented Reach and Scope of New Rule

This CLE webinar will provide environmental counsel with an in-depth review of the EPA’s newly proposed revision that widely expands the reach of its rule defining “waters of the U.S.” The panel will examine the huge number of entities, businesses, and local governments that will be impacted as well as how—and the expected legal challenges

EPA and Army Corps of Engineers issue proposed Clean Water Act jurisdiction rule

On 25 March 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) released a joint proposed rule defining the jurisdictional reach of the Clean Water Act (CWA). The agencies also simultaneously issued an immediately effective interpretive rule to exempt a list of discrete agricultural conservation practices from CWA regulation under

EPA Withdraws Proposed NPDES CAFO Reporting Rule

EPA has announced the withdrawal of its proposed National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feeding Operation (CAFO) Reporting Rule that would have imposed significant new and broad information reporting obligations requiring CAFOs nationwide to provide a host of specific business and operational information to EPA. In its July 13, 2012 notice withdrawing the

Clean Water: Supreme Court Holds Pre-Enforcement Review of CWA Compliance Orders Is Available Under APA

In its March 21, 2012 decision in Sackett v. EPA, the U.S. Supreme Court determined that plaintiffs have a pre-enforcement right to challenge the EPA’s assertion of Clean Water Act (CWA) jurisdiction in administrative compliance orders issued by the Agency.  Implications of the Sackett decision are discussed below, as well as in other articles including Bloomberg and