On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from withholding or unduly conditioning their certifications that are required under the Clean Water Act
I am a Robinson+Cole Partner with more than 25 years of experience counseling clients on environmental, health and safety compliance, sustainability, emergency response, brownfield, and other site remediation and development projects. I currently co-chair the firm’s Sustainability Group and previously worked as an environmental engineer for the Connecticut Department of Environmental Protection (now CTDEEP). I represent companies and organizations on related concerns arising in real estate and corporate transactions, as well as enforcement, cost recovery and other proceedings before agencies and courts. These clients include aerospace and other manufacturers, stone and aggregate producers, metal finishers, municipalities, developers, educational institutions, and water and wastewater utilities. My full firm bio can be accessed here.
This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. Prior posts include Catching Up on the 2021 Clean Water Act Releases.
The Council on Environmental Quality (CEQ) recently issued a Notice of Proposed Rulemaking to…
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left off, as we reported last year in Binge-Watching the Clean Water Act Cases and Rules. Unless Congress somehow finds bipartisan support for legislative fixes, we expect contentious CWA rulemaking proceedings to resume and protracted CWA litigation to prosper. These actions constrain land developers, utilities and companies with projects or operations that impact wetlands or other water features. These decisions might also give environmental groups and agencies stronger grounds on which to base CWA claims targeting sewers, pipelines, tanks, and other systems that leak or seep wastes into groundwater.
Continue Reading Catching Up on the 2021 Clean Water Act Releases