News & Analysis as of

Permits Pollution Control NPDES

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

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

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

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

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

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

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

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...

Mintz on

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

Mintz

This isn't an early April Fools joke -- the US Forest Service is applying for a NPDES permit so that it can keep fighting forest...

Mintz on

Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to...more

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

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Wilmot, Arkansas, (“Wilmot”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged...more

(ACOEL) | American College of Environmental...

Oh, Congress Forgot The Science

In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

Downey Brand LLP on

AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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

MS4/NPDES Permit: City of Little Rock and Arkansas Department of Energy and Environment - Division of Environmental Quality Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Department of Environmental Quality and Phillips County...

The Arkansas Department of Energy and Environment - Department of Environmental Quality (“DEQ”) and Southland Improvement District (“SID”) entered into a December 19th Consent Administrative Order (“CAO”) addressing an...more

Burr & Forman

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

Burr & Forman on

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

Burr & Forman

EPA Speaks On Groundwater Permitting Issue

Burr & Forman on

On April 15, 2019, the U.S. Environmental Protection Agency (“EPA”) released a much-anticipated Interpretative Statement on Releases of Pollutants from Point Sources to Groundwater. ...more

Robinson & Cole LLP

Courts Still Trying to Plug the Clean Water Act’s Holes: Meanwhile, Tanks, Pipes, Pits, and Other Leaking Facilities Remain...

Robinson & Cole LLP on

OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more

Lewitt Hackman

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

Lewitt Hackman on

Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Beveridge & Diamond PC

Ninth Circuit Holds That Indirect Discharges Require NPDES Permits

On February 1, the Ninth Circuit issued a decision that has the potential to sweep regulated groundwater discharges that reach surface waters, and similarly remote-in-place discharge situations, into the Clean Water Act’s...more

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

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

Nossaman LLP

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Stoel Rives LLP

State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit

Stoel Rives LLP on

On Friday, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial...more

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