News & Analysis as of

Environmental Protection Agency (EPA) NPDES

Beveridge & Diamond PC

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

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On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties...more

Beveridge & Diamond PC

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated...

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Key Takeaways - What Is Happening? On October 31, 2024, the U.S. Environmental Protection Agency (EPA) Region 1 provided notice of two proposed actions pursuant to its “residual designation authority” (RDA) under the Clean...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Asphalt Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Waste Recycling (“WR”) entered into an August 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act stormwater...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (November 2024)

Welcome to the November edition of Nutter's Environment & Energy Insights, a monthly update of current trends in environment and energy law.  What a Second Trump Presidency Could Mean for Massachusetts' Energy and Environment...more

Mintz

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

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Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

Goldberg Segalla

Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

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During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more

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

Supplemental Environmental Project/Wastewater Enforcement: U.S. Environmental Protection Agency and Mullan, Idaho Mine Operator...

The United States Environmental Protection Agency (“EPA”) and Hecla Limited (“HL”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System...more

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

Concentrated Animal Feeding Operations/Clean Water Act: U.S. Environmental Protection Agency Letter Response to Conservation Law...

The United Stated Environmental Protection Agency (“EPA”) transmitted a September 9th letter to the Vermont Agency of Natural Resources (“Vermont”) addressing a Joint Petition from: Conservation Law Foundation....more

Mintz

Justice Kagan, if "some people like less prescriptive standards" why haven't any members of the regulated community said so in San...

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Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United States Environmental Protection Agency on the question of whether a “narrative standard”...more

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

Concentrated Animal Feeding Operations/Clean Water Act: Federal Appellate Court Addresses U.S. Environmental Protection Agency's...

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in an October 2nd Memorandum an appeal of the United States Environmental Protection Agency’s (“EPA”) denial of a Petition for Rulemaking under...more

BakerHostetler

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

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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

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

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

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...more

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

North Carolina National Pollutant Discharge Elimination System Permit Program: Southern Environmental Law Center Request that U.S....

The Southern Environmental Law Center (“SELC”) filed the following before the Administrator of the United States Environmental Protection Agency (“EPA”): Petition to Withdraw North Carolina’s National Pollutant Discharge...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

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

Arkansas Administration of the National Pollutant Discharge Elimination System (Rule No. 6): Arkansas Pollution Control and...

The Arkansas Pollution Control and Ecology Commission (“Commission”) has adopted the following: Petition to Initiate Rulemaking to Approve Amendments to Regulation 6: Regulations for State Administration of the National...more

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

National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer's Manual: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) has issued a July 2024 document titled: National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer’s Manual (“Manual”)....more

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

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The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Best Best & Krieger LLP

PFAS Hazardous Substances Designation Goes into Effect

New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

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As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...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

Oberheiden P.C.

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

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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

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