Energy & Environmental Law Blog

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Tag Archives: Clean Water Act

Navigable Water Guidance

Posted in Energy, Environment
U.S. EPA and the Army Corps of Engineers (Corps) have published for comment a guidance document that describes how the agencies intend to identify waters protected by the Clean Water Act and implement the Supreme Court’s decisions in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (531 U.S. 159 (2001))… Continue Reading

CWA – Navigable Waters

Posted in Energy
We have reported previously on the narrowing definition of "navigable waters" under the Clean Water Act, particularly with respect to the federal SPCC Rule (see here, for example; but see here (Rapanos decision in Sixth Circuit)).  The significance of that trend – especially on enforcement – has finally been recognized by those outside of industry… Continue Reading

Clean Water Act – Stepped Up Enforcement

Posted in Environment
On October 15, 2009, US EPA announced its intention to step up enforcement under the Clean Water Act.  The Clean Water Action Enforcement Plan announced by US EPA outlines how it will strengthen the way it addresses water pollution, with the goals of (1) targeting enforcement to the most significant pollution problems; (2) improving transparency… Continue Reading

Supreme Court Rules on Clean Water Act Section 402 and 404 Distinction

Posted in Environment
On June 22, 2009, the U.S. Supreme Court, in its last environmental ruling of the term, discussed the permitting authority distinction between a Clean Water Act Section 402 (NPDES discharge) permit, a Section 306 (pollutants from certain categories of new sources) permit and a Section 404 (fill/dredge) permit.  In Coeur Alaska, Inc. v. Southeastern alaska Conservation… Continue Reading

CWA Fines for Natural Gas Pipeline

Posted in Energy
According to this article in the Register-Guard, a Florida contractor has been ordered to pay $1.5 million in penalties due to violations of the Clean Water Act while constructing a 60-mile natural gas pipeline in 2003.  It goes on to note that penalties were imposed for dirt and sediment discharges to streams and wetlands and despite little evidence of serious environmental harm. … Continue Reading