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Jan 29, 2020

EPA Announces Plans to Revoke Obama Waters of the United States Rule

Water Pollution

The EPA is dramatically reducing the amount of U.S. waterways that receive federal protection under the Clean Water Act (“Act”).  The biggest change is a controversial move to rollback federal limits on pollution in wetlands and smaller waterways that were introduced less than five years ago by the Obama administration. Under the revised rule, bodies of water which form only after rainfall or only flow part of the year, are not subject to federal control.  This exception also applies to waste treatment systems, groundwater, prior converted cropland and farm watering ponds.  In announcing the new rule, EPA administration Andrew Wheeler… Read more


Jul 11, 2018

Pace of Review of Industrial Expansion Permits to Continue Under Acting EPA Administrator

Clean Air Act: Wind Farm

The pace of changes to the Clean Air Act permitting program for new major sources or expanded major source facilities is expected to continue under the leadership of acting EPA Administrator Andrew Wheeler. Outgoing EPA Administrator Scott Pruitt was at odds with the agency’s Air Chief Bill Wehrum over how the new source review permitting should proceed. Pruitt favored a comprehensive overhaul of the permitting program while Wehrum preferred incremental program changes achieved through a combination of guidance and rulemaking.  With Pruitt’s departure, Wheeler is widely expected to allow for the continuation of the incremental changes to the program rather… Read more