News & Analysis as of

Environmental Protection Agency (EPA) NPDES Water Pollution

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,...

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

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The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

Goldberg Segalla

Did the 9th Circuit Just Let the EPA ‘Fudge’ the Numbers on Water Pollution?

Goldberg Segalla on

Ever since the Clean Water Act of 1972 dramatically overhauled the way in which America, through the EPA, monitors and protects its waterways, there has been the struggle between the literal life-and-death need for clean...more

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

Stormwater Enforcement: United States/Alabama/Illinois and Solar Energy Construction Firm Enter into Consent Decree

The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more

Mintz

Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation...

Mintz on

You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has invoked its rarely used Residual Designation Authority under section 402 of the Clean Water...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper on

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

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

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

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

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

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

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

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

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

Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to Address Nutrient Pollution in...

The United States Environmental Protection Agency (“EPA”) Office of Water published a draft document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water...more

J.S. Held

U.S. EPA’s First Usage of Clean Water Act Residual Designation Authority & Environmental Justice

J.S. Held on

In September 2022, the U.S. Environmental Protection Agency (EPA) Region 1 issued a decision to use its Clean Water Act (CWA) Residual Designation Authority (RDA) to require National Pollution Discharge Elimination System...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Keasbey, New Jersey, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) entered into an August 25th Consent and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more

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

Concentrated Animal Feeding Operations/Clean Water Act: Food & Water Watch Petition Challenging the U.S. Environmental Protection...

The organization Food & Water Watch (“FWW”) filed a document styled: Petition for Review of an Action by the U.S. Environmental Protection Agency (“Petition”) The Petition is filed pursuant to Section 509(b)(1) of...more

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

Concentrated Animal Feeding Operations/ Water Pollution Control: Maryland Circuit Court Addresses Whether Permit Should Have...

A Montgomery County, Maryland, Circuit Court (“Court”) addressed in a Memorandum Opinion (“Opinion”) whether a reissued State Discharge Permit No. 19AF/National Pollution Discharge Elimination System Permit No. MDG01...more

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

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

U.S. Environmental Protection Agency Biosolids Biennial Report: February 2020 Report Issued

The United States Environmental Protection Agency (“EPA”) published a February 2021 document titled: Biosolids Biennial Report No. 8 (“Report”) - The Report addresses the reporting period 2018-2019. ...more

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

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program

The 93rd Arkansas General Assembly convened for regular session on January 11th. The pre-filing of bills and resolutions began on November 16th. House Bill 1261 (“HB 1261”) was introduced on January 25th which would...more

K&L Gates LLP

In Search of Cooler Waters: Implementing EPA's Temperature Limits on the Columbia and Lower Snake Rivers

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The Washington State Department of Ecology (Ecology) is hosting an informal meeting on January 28, 2021 to discuss implementing the U.S. Environmental Protection Agency’s (EPA) new total maximum daily load (TMDL) for...more

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

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

Burr & Forman

Eleventh Circuit Rejects Environmental Groups’ Effort to Challenge Alabama NPDES Permitting Program Authority

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The Alabama Department of Environmental Management can finally breathe a sigh of relief, as the Court of Appeals for the Eleventh Circuit issued an opinion today affirming the U.S. EPA’s January 11, 2017 decision not to...more

Snell & Wilmer

Idaho Finally Joins the EPA Primacy Party for Water Pollutant Discharge

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In 2014, what did Idaho, New Mexico, New Hampshire and Massachusetts have in common? Answer: the only states in the Union where pollutant discharge in waterways was overseen by the federal government (the U.S....more

Bergeson & Campbell, P.C.

EPA Releases Interpretive Statement on whether CWA NPDES Permit Program Applies to Releases of a Pollutant from a Point Source to...

On April 23, 2019, the U.S. Environmental Protection Agency (EPA) announced it was making available its Interpretive Statement addressing whether the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System...more

Holland & Knight LLP

EPA Issues Interpretive Statement on NPDES Regulation of Groundwater

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On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued a prepublication draft of an Interpretative Statement clarifying the application of Clean Water Act (CWA) National Pollution Discharge Elimination...more

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