On September 27, 2023, the United States Environmental Protection Agency (USEPA) published its final 2023 Clean Water Act (“CWA”) Section 401 Water Quality Certification Improvement Rule (2023 Rule), which goes into effect on...more
Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal...more
5/31/2023
/ Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Popular ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In the ever-evolving world of what constitutes a “waters of the United States” (WOTUS) for purposes of Clean Water Act applicability and regulation, on March 29, 2023, the United States Senate passed Senator Shelley Moore...more
Last week, the U.S. Environmental Protection Agency (USEPA) announced a proposed rulemaking that would establish legally enforceable federal primary Maximum Contaminant Levels (“MCLs”) for six per- and polyfluoroalkyl...more
On December 30, 2022 the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“Corps”) (collectively referred to as the “Agencies”) under the Biden Administration released a pre-publication...more
1/6/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Exclusions ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
New Rules ,
Rapanos v US ,
Section 404 ,
US Army Corps of Engineers ,
Water Quality ,
Waters of the United States ,
Wetlands
After nearly four years of negotiations, the California State Water Resources Control Board (State Water Board) considered and unanimously adopted the Statewide Sanitary Sewer Systems General Waste Discharge Requirements...more
In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more
On May 5, 2022, the United States Department of Justice (USDOJ) announced a series of actions to inaugurate a comprehensive strategy aimed at enhancing environmental justice efforts. The announcement, and accompanying agency...more
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more
10/18/2021
/ Appeals ,
Contamination ,
Drinking Water ,
Groundwater ,
Hazardous Waste ,
RCRA ,
Safe Drinking Water Act ,
Solid Waste ,
Summary Judgment ,
Waste Disposal ,
Water Supplies
AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more
3/8/2021
/ Clean Water Act ,
Discharge of Pollutants ,
NPDES ,
Permits ,
Pollution Control ,
Proposed Legislation ,
State Water Boards ,
Storm Water ,
Stormwater Discharge Permits ,
Wastewater ,
Water ,
Water Pollution ,
Water Quality ,
Water Quality Control Boards
On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much...more
On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more
1/28/2021
/ Air Pollution ,
Biden Administration ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Natural Gas ,
NEPA ,
Oil & Gas ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Suspensions ,
Waters of the United States
On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more
1/21/2021
/ Clean Water Act ,
Discharge of Pollutants ,
Dredge and Fill ,
Environmental Policies ,
Jurisdiction ,
Lack of Authority ,
Quality Control Plan ,
Water ,
Water Quality ,
Water Resources Control Board ,
Waters of the United States
Last week, environmental groups, states, and cities filed three complaints in differing federal district court challenging The Navigable Waters Protection Rule: Definition of Waters of the United States (“WOTUS”) (“2020 WOTUS...more
On April 21, 2020, The Navigable Waters Protection Rule: Definition of Waters of the United States (“WOTUS”) (“2020 WOTUS Rule”) was published in the Federal Register, and will become effective on June 22, 2020. Publication...more
On March 20, 2020, the State Water Resources Control Board and nine Regional Water Quality Control Boards issued guidance regarding compliance with requirements during the COVID-19 emergency...more
On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). Consequently, the...more
On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more
5/10/2019
/ Administrative Procedure Act ,
Clean Water Act ,
Discharge of Pollutants ,
Joint Powers Agencies (JPAs) ,
Municipalities ,
Petition for Writ of Mandate ,
San Francisco ,
State Water Boards ,
Wastewater ,
Water ,
Water Quality ,
Water Quality Control Boards
Regulation of “toxicity” in the State of California has generally been following 3 State Water Resources Control Board (State Water Board) precedential decisions that require dischargers under an NPDES permit, which have a...more
11/26/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Public Comment ,
Toxic Chemicals ,
Toxic Exposure ,
Water ,
Water Resources Control Board ,
Water Supplies
On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more
9/4/2018
/ Arbitrary and Capricious ,
Clean Water Act ,
Commercial Property Owners ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
Municipalities ,
NPDES ,
Permits ,
Storm Water ,
Waters of the United States
On July 17, 2017, Marin County, San Mateo County, and the City of Imperial Beach filed three lawsuits in California Superior Court against a number of large oil, gas and coal companies. The complaints assert a variety of...more
On June 7, 2017, the United States Department of Justice (DOJ) issued a policy memorandum dated June 5, 2017 that prohibits the allocation of settlement funds to non-governmental, third-party organizations, as a condition of...more
Climate Change Law -
In its recently adopted Short-Lived Climate Pollutant (SLCP) Strategy, the California Air Resources Board (ARB) identifies POTWs as key components of the state’s strategy to reduce methane...more