By Andrew H. Perellis and Craig B. Simonsen
Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder recommendations on the revision of the Waters of the United States (WOTUS) rule.
We had previously
Continue Reading EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule
By Andrew H. Perellis, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: The EPA and Army Corps of Engineers have proposed to rescind the 2015 Clean Water Rule defining “Waters of the U.S.,” and recodify the pre-existing rule, then engage in a subsequent rulemaking to re-evaluate and revise the definition of WOTUS presumably intended to decrease
Continue Reading EPA and Army Corps of Engineers Propose to Rescind Obama Era Rule Redefining “Waters of the United States”
By Andrew H. Perellis and Craig B. Simonsen
Seyfarth Synopsis: In another rule aimed at small business, the EPA has just issued a rule for Effluent Limitations Guidelines and Standards for the Dental Category. The rule will add more federal compliance costs to already tight dental office budgets.
The U.S. Environmental Protection Agency issued last week its pretreatment standards
Continue Reading EPA Adopts the Dental Amalgam Rules
By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
Seyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances.
The U.S. Environmental Protection Agency published its controversial final report on “Hydraulic Fracturing for Oil and Gas: Impacts from
Continue Reading EPA Releases Final Report on Impacts on Drinking Water from Hydraulic Fracturing
Seyfarth Synopsis: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional Determinations.
On November 1, the U.S. Army Corps of Engineers (USACE) issued a Regulatory Guidance Letter (No. 16-01, October 2016) (RGL) which provides to property
Continue Reading U.S. Army Corps of Engineers Issues Regulatory Guidance Letter on Approved Jurisdictional Determinations
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately judicially reviewable.
In a significant victory for owners of private property, the Supreme Court of the United
Continue Reading Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable
Seyfarth Partner Andrew H. Perellis is quoted in this Law360 expert analysis, High Court Water Case Could Put Target On Agencies’ Backs (March 29, 2016).
The pending Supreme Court case, U.S. Army Corps of Engineers v. Hawkes Co. Inc. et al., no. 15-290, involves what constitutes a final agency action reviewable under the Administrative Procedure Act. We had previously
Continue Reading Is the Corps’ Determination on Jurisdiction Over a Wetland Judicially Reviewable?
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co., Inc., et al. v. U.S. Army Corps of Engineers, No. 13-3067 (April 10, 2015).
The issue presented for
Continue Reading Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial Review
By Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen
The U.S. Environmental Protection Agency last week finalized its rule to “modernize” Clean Water Act (CWA) regulatory reporting requirements for municipalities, industries, and other facilities.
According to the Agency’s news release the final rule will require regulated entities and state and federal regulators to “use existing, available information
Continue Reading EPA Releases Final Clean Water Act Electronic Reporting Rule
By Patrick D. Joyce and Craig B. Simonsen
The U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking water resources. 80 Fed. Reg. 32111 (June 5, 2015).
The report, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil
Continue Reading EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing