Posts marked "Clean Water Act"

On August 16, 2018, the U.S. District Court for the District of South Carolina, Charleston Division, issued a nationwide injunction to the Trump administration’s so-called “Suspension Rule,” which called for the delayed effective date of the Obama-era “waters of the United States rule” (or “WOTUS Rule”). Thus, the struggle to delineate the federal government’s jurisdiction … Read Post


On July 23rd, 2018, the Second Circuit rejected multiple challenges to the Environmental Protection Agency’s (“EPA’s”) final rule setting technological standards to prevent aquatic organism deaths in the cooling systems of power plants and manufacturing facilities  (the “Cooling Water Intake Rule” or “Rule”). The 2014 Cooling Water Intake Rule, the culmination of 40 years of previous … Read Post


For the first time, the City of New York has proposed a Stormwater Management Program (SWMP) to describe how the City will satisfy the requirements of its SPDES Municipal Separate Storm Sewer System (MS4) Permit.  This means that, as soon as this fall, certain large construction projects in the City will need City Department of … Read Post


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 … Read Post


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” … Read Post


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 the Clean Water Act … Read Post


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 … Read Post


On May 27, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“ACOE”) jointly released a final rule designed to clarify the definition of “waters of the United States” subject to EPA and ACOE jurisdiction under the Clean Water Act. This rule, dubbed the “Clean Water Rule,” was finalized after the … Read Post


On Tuesday, May 5, 2015, New York’s highest court upheld the New York State Department of Environmental Conservation’s (“DEC’s”) permitting scheme for municipal separate storm sewers. DEC implements the federal Clean Water Act (“CWA”) in New York, issuing State Pollutant Discharge Elimination System (“SPDES”) permits for discharges of pollutants according to federal regulations issued by … Read Post


A new State Pollutant Discharge Elimination System (“SPDES”) General Permit For Stormwater Discharges From Construction Activity took effect on January 29, 2015. The New York State Department of Environmental Conservation’s (“DEC”) new General Permit, GP-0-15-002, replaces the prior version, GP-0-10-001. It applies to construction projects that disturb an acre or more, with lower thresholds applying … Read Post