88 FR 66558
EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.
Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.
88 FR 65389
EPA Region 1 announced the availability of the draft NPDES non-contact cooling water general permit for discharges to certain waters of the Commonwealth of Massachusetts and the state of New Hampshire.
88 FR 62599
United States v. Transocean Offshore Deepwater Drilling Inc., No. 4:23-cv-03317 (S.D. Tex. Sept. 6, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without obtaining coverage under an NPDES general permit and exceeded effluent limitations prescribed by the general permit must develop and implement a compliance system to ensure future compliance with the CWA and the general permit, and pay a $507,000 civil penalty.
88 FR 61964
EPA and the Department of the Army amended the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the CWA in Sackett v. EPA.
88 FR 62080
EPA entered into a proposed consent decree under the CWA in Center for Biological Diversity, v. Regan, No. 3:23-cv-535 (N.D. Cal.) in connection with the Agency’s alleged failure to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate federal standards of performance for discharges incidental to the normal operation of large commercial vessels that would obligate the Agency to sign a decision taking final action by September 23, 2024.
88 FR 62079
EPA entered into a proposed interim consent decree under the CWA in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.) in connection with the Agency’s alleged inaction concerning the state of Washington’s water quality assessment and listing program and TMDL program that would require Washington to submit three TMDLs to EPA by December 2025 and would prohibit the plaintiff from filing any new TMDL constructive submission lawsuits in Washington for a period of 34 months.
88 FR 60887
NOAA created a temporary special use area for coral restoration located approximately five miles southeast of Tavernier, on the island of Key Largo, within federal waters of Florida Keys National Marine Sanctuary from September 6, 2023, to November 6, 2023.
Analyzing the Consequences of Sackett v. EPA
The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters.
88 FR 59918
EPA approved revisions to the Navajo Nation's primacy program under the SDWA that adopted regulations effectuating the federal Stage 2 Disinfectants and Disinfection Byproducts Rule and the Ground Water Rule.
88 FR 59912
EPA approved revisions to Guam's primacy program under the SDWA that adopted regulations effectuating the federal Revised Total Coliform Rule.