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05/06/2019
Recently, US EPA clarified its stance on whether the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) permit program covers point-source discharges to groundwater.
02/15/2019
The WOTUS definition determines which bodies of water are under the jurisdiction of EPA and the Army Corps of Engineers, i.e., which waters are subject to requirements for Spill Prevention Control and Countermeasure (SPCC)...
11/19/2018
The hotly contested 2015 Waters of the United States Rule essentially expanded EPA’s authority to regulate rivers, lakes, and other bodies of water under the Clean Water Act.
10/09/2018
A parallel WOTUS rulemaking—which will restore the Clean Water Act definition of “Waters of the United States” to its pre-2015 form—is slated for November 2018.
09/17/2018
In a recently wrapped-up court case, Texas vs. EPA, a Texas District Court judge decided last week to halt implementation of the new Clean Water Act requirements in three states: Texas, Louisiana, and Mississippi.
08/20/2018
Just when you thought it was safe to go back in the water… A US district court in South Carolina has invalidated EPA’s effort to delay by two years the effective date of a 2015 Waters of the United States (WOTUS) Final Rule. The Charleston, SC court ruled that EPA and the Army Corps of Engineers failed to follow the provisions of the Administrative Procedure Act when it delayed the rule.
07/16/2018
The US Army Corps of Engineers (COE) and US EPA issued a supplemental notice of proposed rulemaking on July 12, 2018 to provide regulatory support and clarification regarding the Agencies’ 2017 proposal to repeal changes made to the definition of “Waters of the United States” (WOTUS) under the previous administration in 2015.
06/30/2017
A pre-publication copy of a new US EPA and US Army Corps of Engineers (USACE) proposal to re-codify the definition of “waters of the United States” (WOTUS) is now available.
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