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Troutman Pepper | USA | 17 Sep 2020

EPA Issues Long-Awaited Update to CWA Financial Capability Assessment

The COVID-19 pandemic has elevated fiscal concerns of water and sewer service providers, with many states imposing a moratorium on the collection of…

Bergeson & Campbell PC | USA | 16 Sep 2020

EPA Releases Final Rule Intended to Promote Transparency in Developing Regulatory Guidance Documents

On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures…

Troutman Pepper | USA | 16 Sep 2020

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for…

Bradley Arant Boult Cummings LLP | USA | 15 Sep 2020

The Clean Water Act’s “Middle Instances” — When Indirect Discharges Need NPDES Permits Too

For the past decade or so, the regulated community and federal courts alike struggled with the outer reaches of the Clean Water Act’s (CWA) point…

Troutman Pepper | USA | 3 Aug 2020

New DOJ CWA Enforcement Guidance

Citing delegated States as the primary enforcers of the Clean Water Act (CWA) and the promotion of federalism, Assistant Attorney General for the U.S…

Greenberg Traurig LLP | USA | 2 Aug 2020

‘Environmental Justice for All Act’ Introduced in U.S. Senate

On July 30, Sens. Cory Booker (D-NJ), Kamala Harris (D-CA), and Tammy Duckworth (D-IL) unveiled the “The Environmental Justice for All Act.” The bill…

Akerman LLP | USA | 31 Jul 2020

Justice Department Refines Policy for Clean Water Act Enforcement

This week, the Justice Department has memorialized a policy that will give the states primacy in enforcement of Clean Water Act civil cases. On July…

Greenberg Traurig LLP | USA | 29 Jul 2020

New DOJ Guidance Seeks to Limit Federal Enforcement under the Clean Water Act

On July 27, 2020, the U.S. Department of Justice (DOJ) issued a Policy Memorandum designed to stay the federal Government’s hand in enforcing the…

Winston & Strawn LLP | USA | 23 Jul 2020

EPA Announces Proposal to Retain 2015 Ozone NAAQS

Under Section 109(d) of the Clean Air Act, the EPA is required to conduct a comprehensive review of the National Ambient Air Quality Standards…

Brownstein Hyatt Farber Schreck LLP | USA | 21 Jul 2020

How Tribes Can Respond To Clean Water Act Review Limits

Tribal governments may be looking for ways to enact new public health policies and assert their Sovereignty in light of this summer's two pivotal…
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