Section 401/Clean Water Act: U.S. EPA Issues Proposed Rule Addressing Certification
The United States Environmental Protection Agency (“EPA”) announced on January 13th a proposed rule addressing the certification process under Section 401 of the Clean Water Act. The proposed rule narrows the Section 401 scope with the EPA stating that it would: … return Clean Water Act (CWA)…
Manure Digesters: Buffalo River Watershed Alliance and other Environmental Organizations Petition for Rulemaking to Deem Such Activities Ineligible for Funds Under the Rural Energy for America Program
The Buffalo River Watershed Alliance and 42 other environmental organizations (collectively, “BRWA”) submitted a Petition to the United States Department of Agriculture Rural Business-Cooperative Service (“RBCS”) styled: PETITION FOR RULEMAKING TO DEEM MANURE DIGESTERS INELIGIBLE FOR FUNDS UNDER…
Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Surfactants
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 7th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the term “surfactant” with respect to the use of “UN2927, Toxic liquid, corrosive, organic…
National Environmental Policy Act/Council on Environmental Quality: Final Rule Issued Removing Implementing Regulations
The White House Council on Environmental Quality (“CEQ”) published a final rule in the Federal Register on January 8th removing its National Environmental Policy Act (“NEPA”) implementing regulations. See 91 Fed. Reg. 618. CEQ adopted the interim final rule published on February 25, 2025, as the…
Waters of the United States/Clean Water Act: Arkansas Farm Bureau Comments on the U.S. EPA Proposed Rule
The Arkansas Farm Bureau (“ARFB”) submitted January 5th comments to the United States Environmental Protection Agency and United States Corps of Engineers (collectively, “Corps”) on the proposed rule to revise the definition of “Waters of the United States” (“WOTUS”). See Docket…