Searching Content indexed under Water by Troutman Sanders LLP ordered by Published Date Descending.
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Trump Administration To Propose Narrowing "WOTUS"
The Trump administration is expected to announce a new proposed definition of "waters of the United States" (WOTUS) which would reverse the expansions adopted under the Obama administration's controversial WOTUS rule
United States
14 Dec 2018
Congress Passes Hydropower Development Provisions In AWIA Bill
On October 10, 2018, the U.S. Senate passed S. 3021, the America's Water Infrastructure Act of 2018 ("AWIA").
United States
17 Oct 2018
FERC Denies Petition For Declaratory Order On Jurisdiction For Lake Powell Pipeline
On September 20, 2018, FERC denied the Utah Board of Water Resources ("Utah Board") and the Washington County Water Conservancy District's petition for a declaratory order ...
United States
1 Oct 2018
Industry Impact From Criminal Verdict In Pipeline Oil Spill
On September 7, 2018, a jury in a California state court found Plains All American Pipeline guilty on 9 criminal counts ...
United States
19 Sep 2018
Third Circuit Rejects Multiple Challenges To Pennsylvania Water Permit For Atlantic Sunrise Project
On September 4, 2018, the United States Court of Appeals for the Third Circuit ("Third Circuit") declined to review Pennsylvania's water permit approval of Transcontinental Gas Pipe Line Company's
United States
14 Sep 2018
South Carolina Court Decision Makes The WOTUS Rule Effective In 26 States
Last Thursday, in South Carolina Coastal Conservation League v. Pruitt, South Carolina Federal District Court Judge Norton issued an order which made the Waters of the United States (WOTUS) Rule
United States
28 Aug 2018
SCOTUS Overrules Special Master's Water Wars Decision, And Remands It Back For Further Consideration
The most recent development in the decades-long water wars between Georgia, Florida, and Alabama occurred today at the Supreme Court.
United States
9 Jul 2018
Second Circuit Affirms FERC Ruling That NY DEC Waived Authority On CWA Permit For Pipeline Project
On March 12, 2018, the U.S. Court of Appeals for the Second Circuit ("Second Circuit") held that the New York Department of Environmental Conversation ("NY DEC") waived its authority to...
United States
21 Mar 2018
Environmental Groups Set To Challenge WOTUS Rule Delay Under Endangered Species Act
Last week, the Center for Biological Diversity, Water Keeper Alliance, and a coalition of other organizations served a Notice of Intent to Sue the U.S. EPA and Army Corps of Engineers, alleging the Agencies' delay ...
United States
21 Feb 2018
Final Rule Adds 2020 Applicability Date To "Waters Of The U.S." Rule
In an attempt to bring clarity following the recent Supreme Court decision—which as noted in our prior post will result in expiration of the nationwide stay of the 2015 revised definition of "waters of the U.S." that was imposed two years ago by the Sixth Circuit Court of Appeals—EPA and the Army Corps of Engineers (Corps) issued a final rule extending the applicability date of the 2015 revised definition to February 6, 2020.
United States
21 Feb 2018
Ninth Circuit Broadly Interprets Clean Water Act Jurisdiction
On February 1, 2018, the Ninth Circuit published Hawai'i Wildlife Fund v. County of Maui, which applied Clean Water Act (CWA) permitting requirements ...
United States
7 Feb 2018
Definition Of "Waters Of The U.S." Remains Uncertain
On January 22, 2018, the Supreme Court in a unanimous decision threw the long contested issue of what constitutes "waters of the U.S." back to the lower courts.
United States
31 Jan 2018
Challenge To WOTUS Rule Heads Back To Georgia District Court
The case in the Southern District of Georgia involved a coalition of eleven states seeking to halt the implementation of the WOTUS Rule.
United States
30 Jan 2018
Supreme Court Decides Jurisdiction For WOTUS Rule Challenges
Today, in a much-anticipated decision, the Supreme Court unanimously held that district courts are the proper courts to hear challenges to the WOTUS Rule, an Obama-era regulation...
United States
23 Jan 2018
FERC Concludes New York Did Not Waive Authority To Issue Water Quality Certificate For Gas Pipeline Project
On January 11, 2018, FERC denied Constitution Pipeline Company, LLC's ("Constitution") request asking FERC to conclude that the New York State Department of Environmental Conservation ...
United States
17 Jan 2018
California Adds PFOA And PFOS To Prop 65 Warning Requirements
On November 9, 2017, on the heels of New Jersey's move to set a maximum contaminant level for certain perfluoroalkyl substances, California's Office of Environmental Health Hazard Assessment (OEHHA) ...
United States
15 Nov 2017
New Jersey First In Nation To Set Maximum Contaminant Levels For PFOAs And PFNAs
On November 1, 2017, New Jersey officials announced that they would set Maximum Contaminant Levels (MCLs) for public drinking water systems for PFOA and PFNA, making the Garden State ...
United States
15 Nov 2017
FERC Issues Policy Statement Extending License Terms For Hydro Projects
FERC released a policy statement on October 19, 2017, revising its longstanding approach to setting the license terms for hydroelectric projects.
United States
31 Oct 2017
Supreme Court Orders Oral Argument On Ga-FL Water Wars
A new chapter opened last week in the perennial water wars between Georgia and Florida.
United States
23 Oct 2017
FERC Rules That NY DEC Waived Authority On Water Quality Permit For Pipeline Project
FERC's decision has the effect of nullifying the NY DEC's prior denial of Millennium's permit application.
United States
26 Sep 2017
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