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Permits Discharge of Pollutants

Mintz

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

Mintz on

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

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

Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

Alston & Bird

Los Angeles Regional Water Quality Control Board Drafts NPDES Permit for Commercial, Industrial, and Institutional Facilities

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The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

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

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas and Missouri Railroad Company (“AMRC”) entered into a February 20th Consent Administrative Order (“CAO”) addressing an...more

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

No-discharge Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and National Park...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and National Park Service (“NPS”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an alleged violation of...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

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

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

Wastewater Enforcement/Clean Water Act: Illinois Attorney General Second Amended Complaint Alleging Violations by Trump Tower...

The Illinois Attorney General (“AG”) filed a Second Amended Complaint (“Amended Complaint”) on September 28th in the Circuit Court of Cook County, Illinois, against 401 North Wabash Venture, LLC, d/b/a Trump International...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Beveridge & Diamond PC

Major Questions Doctrine Reaches the Clean Water Act

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The Fourth Circuit Court of Appeals unanimously affirmed a district court’s dismissal of environmental plaintiffs’ claim that shrimp trawlers require either a Section 404 or National Pollutant Discharge Elimination System...more

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

Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Request for Hearing/Adjudicatory Review...

Three Requests for Hearing and Adjudicatory Review (“Requests”) have been filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

Nossaman LLP on

UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Stinson LLP

Minnesota Proposes Environmental Justice Standards for Air Permits

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In Minnesota and around the country, agencies and legislatures are working to formally incorporate concepts of environmental justice and cumulative impacts into permitting decisions and enforcement....more

Burr & Forman

Alabama Incorporating PFAS Requirements into Permits for Certain Industrial Categories

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Per- and polyfluoroalkyl substances, or “PFAS,” as they have come to be known, are a category of widely-used and long-lasting chemicals found in many consumer, commercial, and industrial products. The human health and...more

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

Commercial/Industrial/Institutional (CII) Stormwater Sources: U.S. Environmental Protection Agency Exercises Clean Water Act...

The United States Environmental Protection Agency (“EPA”) exercise certain Clean Water Act residual designation authorities to address stormwater discharges in three Massachusetts watersheds. The designations were...more

Allen Matkins

The Still Murky Permitting Requirements Under the Clean Water Act after County of Maui Spawn Highly Fact-Intensive Inquiries

Allen Matkins on

In last year’s Land Use, Environmental & Natural Resources Update 2021 Update, we reported on the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund (County of Maui), 590 U.S. __; 140 S. Ct. 2778 (2020),...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

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

Iowa Supreme Court 2 - Raccoon River 0

The Iowa Supreme Court has done it again. By a narrowly divided vote, it has snuffed out on procedural grounds litigation challenging the agricultural nutrient pollution of the Raccoon River. Originally published on the...more

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

Wastewater Enforcement: Tennessee Department of Environment & Conservation Order Addressing Knoxville Gasoline Convenience Store

The Tennessee Department of Environment & Conservation (“TDEC”) issued a January 11th Director’s Order and Assessment (“Order”) to Pilot Travel Centers LLC (“Pilot”) addressing alleged violations of the Tennessee Water...more

King & Spalding

Major TCEQ Rulemaking Impacts Industrial Companies in Texas

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On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over...more

Baker Donelson

Clean Water Act: Circuit and District Courts Start Addressing the Supreme Court's "Functional Equivalent" Requirement

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Due to an April 2020 Supreme Court opinion re-interpreting when a discharge permit is required under the Clean Water Act's National Pollutant Discharge Elimination System (NPDES), courts are beginning to address and...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Fountain...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Fountain Hill, Arkansas, (“Fountain Hill”) entered into a September 15th Consent Administrative Order (“CAO”)...more

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