By Jeryl L. OlsonRebecca A. Davis, and Patrick D. Joyce

Seyfarth Synopsis: As the potential for a Presidential administration change moves closer to reality, another dramatic agenda swing is possible in the environmental regulatory world, from an anti-regulation Trump administration to a pro-enforcement Biden administration. While the past four years have been about easing restrictions on
Continue Reading What Now? Post-Election Environmental Outlook

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 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 Brent I. Clark, Mark A. Lies, IIAdam R. YoungDaniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis:  OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or excavation work and report
Continue Reading Can You Dig It? OSHA Releases Onerous New National Emphasis Program on Trenching and Excavation

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

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, Patrick D. Joyce, and Craig B. Simonsen

In anticipation of its proposed rule to reduce carbon emissions of existing electric power plants, expected to be released Monday, June 2, EPA just released its report Climate Change Indicators in the United States, 2014, Third Edition (Report), showing some stunning data about climate change and
Continue Reading Only You Can Prevent Climate Change: EPA Report Shows “Impact of Changing Climate” on Health and Environment in Anticipation of Release of Proposed Coal Plant Rule