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EPA Issues New Deadlines for CAFO NPDES Permits and NMPs

Client Alert | 1 min read | 02.10.06

On February 10, 2006, EPA published a final rule to extend the current NPDES deadlines for CAFOs in response to last year's Waterkeeper Alliance, Inc. v. EPA decision from the Second Circuit (399 F.3d 486). EPA is extending all permitting and NMP deadlines from the 2003 CAFO Rule to July 31, 2007. Thus, "newly defined" CAFOs (those that were not defined as CAFOs by EPA prior to April 14, 2003) and existing CAFOs that meet EPA's new definition due to operational changes are no longer subject to the February 13, 2006 and April 13, 2006 deadlines for seeking NPDES permit coverage or the December 31, 2006 deadline for development and implementation of an NMP.

EPA stated in the proposed rule that it will issue an additional rulemaking "in mid 2006" to address the substantive issues raised in the Second Circuit's decision (i.e. duty to apply, NMP review, approval, and public participation requirements, etc.). The July 31, 2007 deadline may be extended or revised further in that subsequent rulemaking if necessary.

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Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....