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01/14/2019

Who Needs a Clean Water Act Permit for Dredge-and-Fill?

Section 404 of the Clean Water Act authorizes the Secretary of the Army to issue permits for the discharge of dredge or fill material into navigable waters. The Secretary of the Army has delegated this authority to the Army Corps of Engineers....  

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12/03/2018

How the Safe Drinking Water Act Applies to Class V Wells

At 40 CFR 144, the EPA defines six (6) classes of wells subject to differing Underground Injection Control (or UIC) requirements.

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11/19/2018

Where is EPA’s 2015 WOTUS Rule in Effect Now?

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. 

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10/09/2018

EPA's WOTUS Replacement On the Way

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.

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09/17/2018

EPA Enforcement Roundup: Week of 9/18

In this week's EPA Enforcement Roundup, a wood treatment facility and a city power and water authority will pay for hazardous waste and Clean Water Act violations, respectively. In addition, EPA will collect a civil penalty from a city-owned incinerator in New Hampshire...  

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09/17/2018

Texas vs. EPA Decision Halts 2015 WOTUS Rule in 3 States

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.

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08/30/2018

EPA Enforcement Roundup: Week of 9/4

In today’s EPA Enforcement Roundup—EPA and DOJ reach an $11 million CERCLA agreement, and a vegetable oil and biodiesel plant faces a half-a-million dollar fine for Clean Water Act SPCC violations. In addition, the owners of a rail car cleaning company have been indicted for their actions surrounding a 2015 explosion that killed 2 workers.  

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08/20/2018

District Court Revives 2015 WOTUS Rule in 26 States

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.  

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08/10/2018

EPA Enforcement Roundup: Week of 08/14

In this week’s Roundup, a railcar repair company, a glass container manufacturer, and eight other businesses face civil penalties for alleged violations of EPA air, water, and/or chemical regulations.

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07/26/2018

Final Rule Alert: EPA Amends 2015 Coal Combustion Residuals Rule

New Acting EPA Administrator Andrew Wheeler on Wednesday, July 18 announced that the Agency has finalized a set of amendments to the 2015 CCR Rule, which regulated the disposal of coal combustion residuals.  

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