By Jeryl L. OlsonRebecca A. DavisPatrick D. JoyceIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) issued the 2021 Multi-Sector General Permit (“MSGP”) for industrial stormwater discharges on January 15, 2021. The 2021 MSGP became effective on March 1, 2021 and replaces the 2015 MSGP for
Continue Reading EPA Issues 2021 Multi-Sector General Permit for Industrial Stormwater Discharges

By Andrew H. PerellisJeryl L. Olson, and Patrick D. Joyce

Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then migrates some distance – short or long – before discharging into a “navigable water” that is subject
Continue Reading Murky Water Ahead: SCOTUS Rules Contaminant Discharges to Groundwater “May” or “May Not” Require NPDES Permit

By Andrew H. PerellisRebecca A. Davis, and Craig B. Simonsen

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that “impermissibly expanded the definition of ‘waters of the United States’ (WOTUS)” under the Clean Water Act.  85 Fed. Reg.
Continue Reading Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”

By Andrew H. PerellisRebecca A. Davis, and Craig B. Simonsen

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of the United States’ (WOTUS)” under the Clean Water Act.  84 Fed. Reg.
Continue Reading Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”

By Jeryl L. Olson and Andrew H. Perellis

Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), which according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from Clean Water Act National Pollutant Discharge Elimination System (NPDES) permitting requirements. 

According to the Agency, the exclusion applies regardless of
Continue Reading USEPA Determines Pollutant Releases to Groundwater from Point Source Do Not Require NPDES Permit

By Andrew H. PerellisPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’ [(WOTUS)] that clarifies federal authority under the Clean Water Act.”

Concerning the new draft proposed rule
Continue Reading EPA and Corps of Engineers Propose New “Waters of the United States” Definition

By Jeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges of dredged or fill materials under Section 404 of the Clean
Continue Reading USEPA Administrator Pruitt Issues Memo to Update Agency Use of Clean Water Act Section 404(c) Veto Power

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation, and a host of states, including New York and California have brought lawsuits against the U.S. Army Corps of Engineers (Corps)
Continue Reading States, NRDC, and NWF Sue EPA and Corps on Applicability Date Final Rule

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (USEPA) finalized a rule moving the applicability date to the Obama-era Waters of the United States (WOTUS) rule to February 6, 2020, two years in the future. 83 Fed. Reg. 5200 (Feb.
Continue Reading EPA and Corps Add Years to “Effective” Applicability Date of WOTUS Rule

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United States (WOTUS) rule. 82 Fed. Reg. 55542 (Nov. 22, 2017).
Continue Reading EPA and the Corps Propose to Add Years to “Effective” Applicability Date of WOTUS Rule