Clean Water Act
Are Indirect Discharges from Groundwater to “Waters of the United States” Regulated Under the Clean Water Act? Hawai’i Wildlife Fund v. County of Maui
In Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018), the U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that the County’s injection wells are “point sources” from which the County discharged pollutants in the form of treated effluent into groundwater, through which the pollutants…
WOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule
On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule”…
DEC Challenges FERC’s Decision to Undercut Its Water Quality Certification Denial for Millennium Pipeline Project
In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural…
EPA and the Corps Launch Effort to Rescind and Replace the 2015 “Clean Water Rule”
Also by: Zachary Berliner On June 27, 2017, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) released a joint proposal to rescind and ultimately replace the Obama administration’s 2015 “Clean Water Rule” (the “Rule”). The Rule defines the extent of federal jurisdiction over “waters of the United States” under…
Trump Executive Order Directs EPA and the Corps to Reconsider the 2015 “Clean Water Rule”
On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters…
New York State, New York City and Federal Authorities Highlight Living Shorelines for Ecological Preservation and Restoration
Also by: Heewon Kim New York State: Proposed Guidance Emphasizes Development of Living Shorelines On December 28, 2016, the New York State Department of Environmental Conservation (“DEC”) released a draft guidance document highlighting the use of natural and nature-based features in shoreline stabilization, also known as “living shorelines.” The guidance promotes a consistent approach to…
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