News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Act Compliance

Holland & Knight LLP

EPA to Cruise Ships, Cargo Ships, Barges, Tankers, Tugs and Tows: Take Notice

Holland & Knight LLP on

As detailed through previous Holland & Knight alerts and blogs detailing the Notice of Proposed Rule Making and Consent Decree that postponed completion of the Vessel Incident Discharge (VID) final rule until fall 2024, the...more

BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

BakerHostetler on

There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

Oberheiden P.C.

10 Tips for Handling an EPA Environmental Audit

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) expects companies to self-police their environmental compliance efforts. While the EPA regularly conducts inspections focused on assessing environmental compliance, it also...more

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

Oberheiden P.C. on

Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more

K&L Gates LLP

EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

K&L Gates LLP on

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Army Corps of Engineers Memorandum Providing Post-Sackett Guidance

The Office of Assistant Secretary Civil Works of the U.S. Army Corps of Engineers (“Corps”) issued a March 22nd Memorandum titled: Civil Works Actions to Sustain and Advance the Nation’s Waters and Wetlands After the...more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

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EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

Goldberg Segalla on

Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

ArentFox Schiff on

Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that...more

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

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The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permits/Clean Water Act: U.S. Environmental Protection Agency/Association of Clean Water Administrators Announce Reduction...

The United States Environmental Protection Agency (“EPA”) and Association of Clean Water Administrators (“ACWA”) announced in separate documents that there has been a major improvement in compliance with Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inquiry into Jackson, Mississippi, Drinking Water Emergency: U.S. EPA Office of Inspector General Project Notification

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a Project Notification titled: Inquiry into Jackson, Mississippi, Drinking Water Emergency (“Project Notification”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement: Memphis, Tennessee, Environmental Consulting Firm CEO Sentenced for Allegedly Filing False...

The United States Department of Justice (“DOJ”) issued a September 12th news release stating that DiAne Gordan (“Gordon”) had been sentenced to 36 months in prison for allegedly fabricating discharge monitoring reports...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act Discharge Permits: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) Office of Enforcement and Compliance Assurance issued a March 2022 document titled: Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Water Act/EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data: U.S. Government Accountability...

The United States Government Accountability Office (“GAO”) issued a July 2021 report titled: Clean Water Act – EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data (“Report”) - See...more

The Volkov Law Group

Environmental Crime Enforcement: Button Up for an Increase in Criminal Investigations and Compliance Demands

The Volkov Law Group on

The Biden Administration has a number of enforcement priorities.  While not listed as a primary objective, the Justice Department and the EPA can be expected to increase criminal enforcement of environmental laws....more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permit/Clean Water Act: U.S. Environmental Protection Agency Electronic Reporting Rule/Phase 2 Extension

The United States Environmental Protection Agency (“EPA”) promulgated a final rule in the November 2nd Federal Register addressing the Clean Water Act National Pollution Discharge Elimination System (“NPDES”) Electronic...more

Mitchell, Williams, Selig, Gates & Woodyard,...

MS4 Enforcement/Mt. Vernon, New York: U.S. District Judge Issues Order/Injunctive Relief Requiring Compliance

United States District Judge Cathy Seibel issued a September 21st Order to the City of Mount Vernon, New York (“Mount Vernon”) requiring that it bring its Municipal Separate Storm Sewer System (“MS4”) into compliance with the...more

Holland & Knight LLP

Online Environmental Compliance Tools

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With issuance of the June 29, 2020, memorandum by the U.S. Environmental Protection Agency (EPA) indicating that the temporary policy regarding EPA's exercise of enforcement discretion during the COVID-19 public health...more

Stoel Rives - Environmental Law Blog

Senate Bill 205 Imposes New Requirements for Industrial Companies in California

Last fall, the California Legislature enacted Senate Bill 205 in an effort to more effectively control stormwater pollution from regulated industrial companies. Effective January 1, 2020, an industrial company will not be...more

Troutman Pepper

EPA's NPDES Electronic Reporting Rule: A Step Toward A Next Generation Compliance Strategy

Troutman Pepper on

The final rule strives to take advantage of information technology, allowing resources to be used more efficiently and effectively, and giving the EPA, states and the public better access to key data. Implementation will...more

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