Clean Water – Environmental and Energy Law Program

Regulatory Tracker

PFAS in Drinking Water

The Trump EPA is reviewing a Biden-era EPA SDWA rule that set strict standards and requirements for certain PFAS chemicals in public drinking water supplies.

May 14, 2025

Regulatory Tracker

Defining Waters of the United States (WOTUS)

Following a Supreme Court decision, the Biden administration amended the definition of WOTUS, and 26 states challenged the amended definition. The Biden EPA and Army Corps voluntarily implemented the pre-2015 definition in the states challenging the rule, and their 2023 definition remains for the other 24 states. The Trump administration announced it would revise the 2023 definition.

March 24, 2025

Regulatory Tracker

Power Plant Effluent Limits

The Biden EPA strengthened final effluent limits for wastewater discharges from steam power plants in May 2024. The Trump EPA slated the rule for rollback.

March 12, 2025

Regulatory Tracker

Bristol Bay and the Pebble Mine

The Biden EPA issued a Clean Water Act determination that blocked the Pebble Mine, finding the project would significantly impact the Bristol Bay watershed. A court granted the Trump DOJ’s request to stay litigation challenging that determination.

February 14, 2025

Regulatory Tracker

Section 401 Water Quality Certification

CWA section 401 governs certification of water quality and provides significant latitude to states to decide how to issue certifications. The Biden EPA updated Section 401 implementing regulations, and litigation is ongoing.

January 29, 2025

Regulatory Tracker

The Dakota Access Pipeline (DAPL)

The pipeline is operational but lacks a key Army Corps permit. The Corps intends to publish a final EIS in 2025.

January 28, 2025

In the Media

Environmental Law Series: Sackett v. EPA, Water, & Wetlands

October 27, 2023

EELP News

Judicial Destruction of the Clean Water Act: Sackett v. EPA

Professor Richard Lazarus wrote an essay for the University of Chicago Law Review about the Supreme Court’s Sackett v. EPA ruling. In the first part he describes the ruling, reasoning, […]

September 12, 2023

CleanLaw Podcast

Sackett v. EPA Decision: What the Justices Said and What this Means for Water with Jody Freeman, Richard Lazarus, and Steph Tai

Jody Freeman speaks with Richard Lazarus and Steph Tai about the US Supreme Court’s recent decision in Sackett v. EPA. They discuss how the Court’s reliance on a dictionary definition of waters will drastically limit Clean Water Act protections: severely shrinking what qualifies as covered wetlands and streams, and as a result, enfeebling the federal government’s ability to protect US water quality.

June 21, 2023