Criminal Negligence Standard/State Clean Water Act Programs: U.S. Environmental Protection Agency Proposed Regulatory Clarification

The United States Environmental Protection Agency (“EPA”) is proposing in a December 14th Federal Register Notice a regulation to “clarify” certain requirements for state or tribal programs approved pursuant to Clean Water Act Sections 402 and 404. See 85 Fed. Reg. 80713. EPA states that the state and tribal programs are not required to include the same criminal standard that is applicable to the federal agency under Section 309 of the Clean Water Act....
By: Mitchell, Williams, Selig, Gates & Woodyard,

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