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USEPA’s New Clean Water Act Section 401 Water Quality Certification Rule Becomes Effective November 27, 2023

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

Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands...

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

U.S. Senate Passes Joint Resolution of Disapproval to Overturn Biden Administration “Waters of the U.S.” Rule in Bipartisan Effort

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

Fighting Forever Chemicals: USEPA Proposes the First Enforceable Nationwide Primary Drinking Water Standards for PFAS

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

Biden Administration Finalizes Waters of the United States Rule in Latest Move Involving Ongoing Water Quality Saga

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

State Water Board Adopts New Sanitary Sewer Systems Waste Discharge Requirements

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

Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

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

U.S. Department of Justice Announces New Office of Environmental Justice and Return of Supplemental Environmental Projects

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

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

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

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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

Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne...

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

Biden’s Inauguration Day Executive Order on Environment and Energy Regulation

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

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean...

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

Twenty-Two Environmental Groups and Nineteen Jurisdictions File Suit in Three District Courts Challenging The 2020 WOTUS Rule

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

After Months of Delay The 2020 WOTUS Rule is Finally Published, Ensuring the California Regulated Community Receives No Relief...

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

Compliance with Water Board Requirements During the Coronavirus 2019 (COVID-19) Emergency

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

State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May...

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

Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State...

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

State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know

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

U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and...

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

Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels

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

DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements

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

Short-Lived Climate Pollutant Strategy Outlines a Role for POTWs in Organic Waste Diversion

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

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