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Clean Water Act › Pollution Control

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
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Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United...

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A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more

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PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

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The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

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The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of De Queen Enter...

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of De Queen, Arkansas entered into a June 17th Consent Administrative Order addressing alleged violations of a Clean Water...more

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

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On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...more

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Nitrogen/Phosphorus: EarthJustice Administrative Challenge to West Point Wastewater Treatment Plant (Washington) NPDES Permit...

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EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

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EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

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Citizen Suit Action/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue U.S. Environmental Protection Agency...

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The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute....more

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Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Farmington...

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“ADEQ”) and M&S Properties, LLC (“M&S”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Jenner & Block

Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

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As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more

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Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Gravette Enter...

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The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and City of Gravette, Arkansas, entered into a February 21st Consent Administrative Order ("CAO") addressing an alleged violation of...more

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Holyoke, Massachusetts, Clean Water Act NPDES Permit: U.S. EPA Environmental Appeals Board Petition Filed

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The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more

Beveridge & Diamond PC

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

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The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

Beveridge & Diamond PC

Oil Pollution Act: Tips for Spill Response, Compliance, and Enforcement

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Oil spills commonly occur when least expected and, even in smaller quantities can significantly disrupt business operations and create risks for enforcement and/or litigation. It’s important that companies are prepared and...more

Foley Hoag LLP - Environmental Law

More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?

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Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and...more

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Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Proposes Rule Addressing Meat and Poultry Products...

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The United States Environmental Protection Agency (“EPA”) announced a pre-Federal Register Notice for a proposed rule addressing Clean Water Act effluent limit guidelines for the Meat and Poultry Products (“MPP”) industrial...more

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Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

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The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

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Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

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On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

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404/Clean Water Act Enforcement: United States/West Virginia and Glenville, West Virginia, Oil and Gas Company Enter into Consent...

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The United States Department of Justice and the State of West Virginia entered into a September 28th Consent Decree (“CD”) with Waco Oil and Gas Company, Inc. (“Waco”) addressing alleged violations of both the Clean Water Act...more

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Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

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The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

Mintz

Soon we'll have EPA guidance responding to the Supreme Court's Maui decision, but it may not be much.

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The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting.  That presentation says that EPA has drafted new guidance based...more

Mintz

I guess it makes sense that the Navy would need a Clean Water Act permit to fire munitions if the Forest Service needs one to...

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Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging that the Navy's firing of munitions into the Potomac River without a NPDES permit violates...more

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