It wouldn’t be a change in Presidential administration without a change to the all-important definition of “Waters of the United States” (“WOTUS”) under the Clean Water Act. Last year, we updated you on Clean Water Act developments, including the then-new Trump administration WOTUS rule. The WOTUS rule defines which waters are subject to Clean Water
This week we are pleased to have a guest post from Robert S. Melvin, a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group. Attorney Melvin has over 20 years of experience counseling clients on environmental, health, and safety compliance, sustainability, emergency response efforts, site remediation, and development projects. A wide range of clients benefit from his services, including aerospace and other manufacturers, stone and aggregate producers, metal finishers, municipalities, educational institutions, and water and wastewater utilities.
In these days of working from home and managing countless other demands on our time, we offer this post to help you decide whether to add the latest Clean Water Act (CWA) cases and rules to your must-see legal watch list. Since its 1972 inception, the Clean Water Act has prohibited any unpermitted “discharge,” defined as “any addition of any pollutant to navigable waters from any point source.” For more than four decades, agencies and courts have struggled with this CWA liability trigger in various circumstances, as well as the CWA’s vague definition of “navigable waters” as “waters of the United States” (WOTUS).…
Continue Reading Binge-Watching the Clean Water Act Cases and Rules