Maureen O'Dea Brill

Sep 20, 2023 | jdsupra.com | Maureen O'Dea Brill |Tad Macfarlan |Endre Szalay

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA1, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September 2023, defining the term “waters of the United States” (WOTUS) in the Clean Water Act (CWA).2 Notably, this is a “direct to final rule,” meaning the Agencies did not provide advanced public notice, or seek public comment on, the rule.

Sep 15, 2023 | mondaq.com | Ankur K. Tohan |Endre Szalay |Tad Macfarlan |Maureen O'Dea Brill

Responding to the US Supreme Court's landmark decision in Sackett v. EPA1, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective September 8, 2023, defining the term "waters of the United States" (WOTUS) in the Clean Water Act (CWA).2 Notably, this is a "direct to final rule," meaning the Agencies did not provide advanced public notice, or seek public comment on, the rule.

Sep 14, 2023 | klgates.com | Ankur K. Tohan |Endre Szalay |Tad Macfarlan |Maureen O'Dea Brill

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA1, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective September 8, 2023, defining the term “waters of the United States” (WOTUS) in the Clean Water Act (CWA).2 Notably, this is a “direct to final rule,” meaning the Agencies did not provide advanced public notice, or seek public comment on, the rule.

Jun 7, 2023 | jdsupra.com | Maureen O'Dea Brill |Barry M. Hartman |Tad Macfarlan

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions. And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the phrase “waters of the United States” – a phrase that is meant to define the scope of federal authority to regulate water pollution. On 25 May the Supreme Court issued a landmark CWA decision in Sackett v. EPA.

Jun 5, 2023 | mondaq.com | Maureen O'Dea Brill |Craig Wilson |Cliff L. Rothenstein

The U.S. Environmental Protection Agency (EPA or the Agency) recently released a "Draft National Strategy to Prevent Plastic Pollution."1Depending on its ultimate composition, the final strategy could materially affect the regulated community, especially those manufacturing plastics, regularly using plastics, and handling waste plastics.