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Latest from Troutman Pepper Hamilton Sanders LLP - Page 16

On December 27, 2021, the U.S. Army Corps of Engineers (Corps) issued a final rule reissuing 40 existing Nationwide Permits (NWPs) with modifications and issuing a new NWP for water reclamation and reuse facilities. The 40 existing NWPs that the Corps reissued includes NWP 17, which authorizes the discharge of dredged or fill material associated…

As the U.S. Environmental Protection Agency (EPA) prepares its Clean Water Act (CWA) Section 401 rule proposal, litigation regarding the 2020 Trump-era rule (Certification Rule) continues. Currently, the issue of whether to re-instate the Certification Rule is proceeding before U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The U.S. District Court for the…

On February 17, the Federal Energy Regulatory Commission (FERC or Commission) announced two new, significant policies that may have a profound impact on both natural gas pipeline projects before the Commission and the industry in general. Headlining these policies is FERC’s new interim greenhouse gas (GHG) policy statement (Interim GHG Policy Statement), pursuant to which FERC will…

Reflections on Water, a website and accompanying podcast dedicated to tracking developments in water law and policy, was recently launched by Troutman Pepper’s highly regarded Water Quality and Water Resources practice. Recognized by Chambers USA, attorneys in this practice have advised clients on virtually every issue related to water quality, from strategic planning to…

EPA’s Integrated Risk Information System (IRIS) program released a draft toxicological review of perfluorohexanoic acid (PFHxA) today, signaling another step in the agency’s ongoing research and regulatory initiatives focused on per- and polyfluoroalkyl substances (PFAS). This particular PFAS will be interesting to monitor because it is a breakdown product of other PFAS that may enter…

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA or Act), which will soon move to the next stage of agency consideration.[1]…