Clean Water Act

EPA Announces New Civil-Criminal Enforcement Coordination Policy

On April 23, 2024, EPA issued a news release announcing its Strategic Civil-Criminal Enforcement Policy, whose purpose is “to strengthen the partnership between EPA’s civil and criminal enforcement programs.” EPA views collaboration by the programs as “critical to promote robust and fair enforcement that holds polluters accountable, ensures justice for communities scarred by pollution, and […]

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DOJ’s Environment and Natural Resources Division Issues 2023 Accomplishments Report

On April 19, 2024, the US Department of Justice’s Environment and Natural Resources Division (ENRD) issued “Accomplishments for Fiscal Year (FY) 2023.” The accompanying press release said the report “highlights ENRD’s work in 2023 to defend pollution control measures, approvals for renewable energy projects and federal stewardship of public lands, wildlife and natural resources.” Large […]

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RCRA and CERCLA Rulemakings to Address PFAS

In addition to the recently announced EPA rulemaking to establish drinking water standards for some per- and polyfluoroalkyl substances (PFAS), EPA has also initiated rulemakings that will specifically address PFAS under the Comprehensive Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). PFOA and PFOS as CERCLA Hazardous Substances One […]

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Head of DOJ’s Environment and Natural Resources Division Highlights Priorities

Todd Kim, the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) at the Department of Justice (DOJ), addressed the Fall Conference of the American Bar Association Section of Environment, Energy, and Resources. DOJ published Mr. Kim’s prepared remarks in a news release. Mr. Kim highlighted “two of the Administration’s key priorities: furthering […]

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Fifth Circuit Affirms Issuance by Corps of Engineers of Permit for LNG Terminal

A Petition for Review challenged issuance by the US Army Corps of Engineers of a permit under section 404 of the Clean Water Act in connection with construction of a liquefied natural gas (LNG) terminal. The Petitioners alleged that the Corps improperly incorporated an Environmental Impact Statement issued by the Federal Energy Regulatory Commission (FERC), […]

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EPA Region 6 Issues Advisory on Hazardous Weather Events

EPA Region 6, which includes Texas and Louisiana, issued a news release on July 18, 2023, reminding facility operators of their obligation to “maintain safety, minimize releases that do occur, and report chemical releases or oil spills and discharges in a timely manner” before and during hurricanes, tropical storms, and other hazardous weather events. Especially […]

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US DOJ and City of Houston Reach Agreement on City’s Response to Illegal Dumping

In July 2022, the US Department of Justice (DOJ) announced an investigation into charges the City of Houston discriminated against poor and minority neighborhoods in responding to reports of illegal dumping. On June 6, 2023, DOJ announced an agreement between it and the City; DOJ’s efforts will change from investigating the City to monitoring the […]

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