By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Ilana 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. Perellis, Jeryl 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 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 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 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 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