News & Analysis as of

Permits Storm Water

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,...

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,...

Stormwater Enforcement: Colorado Department of Public Health & Environment Notice of Violation/Cease and Desist Order to Adams...

The Colorado Department of Public Health & Environment issued on October 3rd to Zimmerman Metals, Inc. (“Zimmerman”) a document styled: Notice of Violation/Cease and Desist Order/Order for Civil Penalty (“NOV”)...more

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

Bacteria Effluent Limits/Logan International Airport: Massachusetts Port Authority Petitions U.S. EPA Environmental Appeals Board...

The Massachusetts Port Authority (“Authority”) filed a September 20th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 8, August 2023

Bring on the Sun! Licensing and Permitting for Contractors Installing Solar Panel Systems in NC - With the growing emphasis of the use of renewables to reduce the carbon footprint of homes and buildings and tax incentives,...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Holland & Knight LLP

DOEE Issues Proposed Rule for Discharges of Groundwater into the MS4

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The District of Columbia Department of Energy and Environment (DOEE) published a Notice of Proposed Rulemaking (Proposed Rule) to adopt a new Chapter 16 – Discharge of Groundwater to the Municipal Separate Stormwater Sewer...more

Williams Mullen

[Webinar] Renewable Energy Series: Environmental Considerations When Siting and Permitting Renewable Energy Projects - May 3rd,...

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Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management and Decatur-Morgan County Sanitary Landfill Enter into...

The Alabama Department of Environmental Management (“ADEM”) and City of Decatur-Morgan County Sanitary Landfill (“Decatur”) entered into a January 27th Consent Order (“CO”) addressing alleged violations of the Alabama...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lafayette County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order...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

ArentFox Schiff

Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

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Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

Williams Mullen

A Dialogue with Mike Rolband, Director of Virginia DEQ

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Mike Rolband was appointed Director of the Virginia Department of Environmental Quality in January 2022. Recently, Channing Martin, a partner in the Environment and Natural Resources Group at Williams Mullen, had the...more

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

NPDES Stormwater Permit/Clean Water Act: Alabama Appellate Court Addresses Challenge to Steel-Galvanizing Effluent Limits

The Court of Civil Appeals of Alabama (“Appellate Court”) addressed in a February 18th Opinion a challenge to the issuance by the Alabama Department of Environmental Management (“ADEM”) of two Clean Water Act National...more

Ward and Smith, P.A.

State Stormwater Program Amendments Significant for Those Affected by Post Construction Stormwater Permits

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Extensive changes to North Carolina's stormwater runoff statute went into effect today as part of Session Law 2021-158. The Stormwater Program amendments are embedded in an environmental omnibus bill entitled "An Act to...more

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

Stormwater/Wastewater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Eaton-Moery Environmental Services, Inc. (“Eaton”) entered into a May 20th Consent Administrative Order (“CAO”) addressing...more

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

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Gulfport Vacant Land Project Operator Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Gene Stock Construction (“GSC”) are stated to have entered into an April 6th Agreed Order (“AO”) relating to a failure to obtain a permit for discharge of waste...more

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

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Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Oxford Development Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Pine Bluff Investments, LLC (“PBI”) entered into a March 26th Agreed Order (“AO”) addressing alleged violations of a stormwater general permit. See Order No....more

Downey Brand LLP

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

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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,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sevier County Open...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Cossatot Rock, LLC (“Cossatot“) entered into a January 21st Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Miller County,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and J.A.M. Distributing Company (“JAM”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged...more

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

MS4/NPDES Permit: City of Little Rock Request for Commission Review and Adjudicatory Hearing

The City of Little Rock, Arkansas (“Little Rock”) filed a January 16th Request for Commission Review and Adjudicatory Hearing (“Request”) before the Arkansas Pollution Control and Ecology Commission (“Commission”) challenging...more

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