By Jeryl L. Olson, Patrick 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, 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, 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 Jeryl L. Olson, Andrew H. Perellis and Patrick D. Joyce
The EPA and Army Corps of Engineers recently released its Final Clean Water Rule: Definition of “Waters of the United States.”
We had previously blogged about the Agency’s draft of the proposed rule that was distributed in November, 2013 as well as a “clarification” of the proposed rule
Continue Reading EPA Publishes Final Rule Expanding Definition of “Waters of the United States” Under the Clean Water Act
By Jeryl L. Olson and Craig B. Simonsen
On September 11, 2013, U.S. Environmental Protection Agency published its revised Spill Prevention Control and Countermeasures (SPCC) Guidance for Regional Inspectors, which is directed not only to EPA inspectors, but also to owners and operators of facilities subject to the SPCC requirements. The Clean Water Act guidance is designed to “facilitate nationally
Continue Reading EPA Publishes Revised Spill Prevention Control and Countermeasures Guidance
By Andrew H. Perellis and Ilana R. Morady
On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA).
The issue before the Court was whether two landowners could bring a
Continue Reading Sackett v. EPA: Supreme Court Decides Unanimously In Favor Of Landowners
By Andrew H. Perellis and Ilana R. Morady
On Monday, January 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the Justices seemed skeptical of EPA’s contention that its administrative compliance orders issued under the Clean Water Act were not subject
The U.S. Environmental Protection Agency (EPA) has announced its final 2010 Effluent Guidelines Program Plan (Plan), published at 76 Fed. Reg. 66286 (October 26, 2011). Members of the public are encouraged to submit comments on the proposed Plan.
EPA plans to develop effluent guidelines and standards for the discharge of wastewater from the Coalbed Methane Extraction
Continue Reading EPA Publishes Final Effluent Guidelines Program Plan