Tag Archives: Clean Water Act

Next Steps in EPA Deferral to States: Waters of the U.S. Rule Repeal and Replacement

Consistent with President Trump’s February 28, 2017 Executive Order, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced a joint proposal representing the first step of a two-part plan to implement a more narrow “waters of the U.S.” or “WOTUS” definition. The first step, published in the Federal Register … Continue Reading

EPA Announces Stay of Deadlines and Reconsideration of ELGs for Steam Electric Power Plants

On April 12, 2017, the EPA announced that it will reconsider and administratively stay future deadlines of the 2015 final rule that set new, technology-based effluent limitations guidelines (ELGs) and standards for steam electric power plants under the Clean Water Act. The final rule places significant burden on affected segments of the steam electric power … Continue Reading

Ag’s Big Win: Iowa Supreme Court Denies Water Utility’s State Law Claims against Drainage Districts

In a big win for the agricultural community, the Iowa Supreme Court recently ruled against Des Moines Water Works (DMWW) in its state law claims against upstream drainage districts for nitrate pollution in the Raccoon River. See Bd. of Water Works Trs. of Des Moines v. SAC Cty. Bd. of Supervisors, No. 16-0076, 2017 WL … Continue Reading

EPA Must Examine Effects of Clean Air Act Regulations on Jobs

Under a recent summary judgment decision from a federal district judge, the EPA must continuously examine the effects that certain Clean Air Act (CAA) regulations have on employment in the coal industry specifically and other industries more broadly. This means the EPA will be subject to increased requirements before taking action under the CAA. The ruling … Continue Reading

Corps v. Hawkes: Supreme Court Rules Clean Water Act Jurisdictional Determinations are Final and Appealable Agency Actions

In this much-anticipated decision, on May 31, 2016, the U.S. Supreme Court unanimously sided with the property owner companies over the U.S. Army Corps of Engineers (“Corps”). The Court held that a Corps’ jurisdictional determination as to whether a property contains a jurisdictional wetland is immediately appealable because it constitutes a final agency action. This … Continue Reading

U.S. Supreme Court to Decide Split on Whether a U.S. Army Corps Wetland Jurisdictional Determination is a Final Agency Action

On December 11, 2015, the U.S. Supreme Court granted certiorari to determine whether a jurisdictional determination approved by the U.S. Army Corps of Engineers (Corps) is a final agency action ripe for judicial review.  The decision will resolve a circuit split between the Eighth and Fifth Circuits. In U.S. Army Corps of Eng’rs v. Hawkes … Continue Reading

Too Little, Too Late: State Agency’s Enforcement Action Does Not Bar Citizen Suit

On October 20, 2015, a district court held that a state enforcement action brought under the Clean Water Act (CWA) did not bar a citizen suit from proceeding against Duke Energy Carolinas, LLC (Duke Energy). Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC, Case No. 1:14-cv-753 (M.D.N.C. Oct. 20, 2015).  For regulated industries, Yadkin Riverkeeper is … Continue Reading

Supreme Court Asked to Review Total Maximum Daily Load Based on Lake Bed Sediment

On September 15, 2015, several California property owners petitioned the United States Supreme Court to review a California appellate  decision permitting a regional water board to establish the total maximum daily load (TMDL) for pollutants in McGrath Lake based on the concentration of pollutants in lake bed sediment.  Conway v. State Water Res. Control Bd., … Continue Reading

Fifth Circuit Lets Citgo Fly Free

On September 4, 2015, the United States Court of Appeals for the Fifth Circuit overturned Citgo Petroleum Corporation’s two convictions under the Clean Air Act (CAA) and three convictions under the Migratory Bird Treaty Act (MBTA).  The court held that the district court had erred in allowing improper jury instructions and had misinterpreted the MBTA’s … Continue Reading

Federal Courts Split on Staying EPA’s “Waters of the United States” Rule

Several courts have ruled on motions for preliminary injunction to stay a new U.S. Environmental Protection Agency (EPA) Clean Water Act rule, with only one court granting an injunction. Thursday, August 27, 20015, a North Dakota federal court stayed the effectiveness of EPA’s rule clarifying the definition of “Waters of the United States” (WOTUS) under … Continue Reading

USEPA Issues Final 316(b) Rules for Cooling Water Intake Structures at Existing Facilities

On Monday, May 19, the United States Environmental Protection Agency (USEPA) issued final rules under Section 316(b) of the Clean Water Act for existing[1] facilities that (a) use cooling water intake structures designed to withdraw at least 2 million gallons of water per day from waters of the U.S.; (b) have or are required to … Continue Reading

Recent Developments in Toxic Torts and Environmental Law

A team of Schiff Hardin attorneys compiled “Recent Developments in Toxic Torts and Environmental Law”  for the Tort Trial & Insurance Practice Law Journal originally published in the fall of 2013 (Vol. 49-1) on the evolving landscape of the environmental and toxic tort areas of law. Toxic tort-related topics covered by this article include class action decisions … Continue Reading

SCOTUS Allows Pre-Enforcement Review of USEPA Administrative Compliance Orders Under CWA

Originally published as a Schiff Hardin Environmental Update newsletter On Wednesday, March 21, 2012, the United States Supreme Court unanimously held that administrative orders issued by the U.S. Environmental Protection Agency (USEPA) under the Clean Water Act (CWA) are subject to pre-enforcement judicial review under the Administrative Procedure Act (APA). Sackett, et vir, v. EPA, … Continue Reading
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