On May 27, 2015, after many years of regulatory uncertainty, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps (“Corps”) released a final rule defining the scope of “Waters of the United States” under the Clean Water Act. The Rule aims to “clarify” the reach of the federal government’s authority under the Clean Water Act, including every section and program under the Act.  Its implications are far reaching to industry, home builders, farmers, ranchers, and other landowners.

“Environmental class actions are notoriously difficult to predict,” says Troutman Sanders’ Environmental Partner Doug Henderson in Law360’s article, 5 Environmental Class Actions Attorneys Need to Track. The article profiles 5 environmental class action matters that attorneys should keep an eye on. The matters include suits again some high-profile brands

Doug Henderson, Fitzgerald Veira, and Brooks Smith’s article, The Clean Water Act Permit Shield—Recent Battles, appeared in the ABA’s environmental journal, Natural Resources & Environment.   Surveying one of the most important defenses under the Clean Water Act, the “permit shield” defense, the article takes a critical

In the February 2015 issue of Natural Gas Electricity, Partner Mack McGuffey offers a summary of the air-quality regulations that the Environmental Protection Agency plans to finalize in 2015. Anticipating the EPA will spend most of the year reviewing comments and making appropriate changes to the numerous proposals submitted in

On December 10, 2014, EPA finalized a number of changes to the federal hazardous waste management rules. Among other things, the new rules:

  • Significantly modify the regulatory exemptions created in 2008 for reclamation of hazardous secondary materials;
  • Codify criteria for “legitimate recycling” that EPA will use to evaluate all recycling activities;
  • Establish new procedures for solid waste variances and non-waste determinations for off-site reclamation activities; and
  • Defer action on a proposal to establish container and notification requirements for pre-2008 recycling exemptions.