News & Analysis as of

Permits Water

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

Water Well Drillers' Act Enforcement: Missouri Department of Natural Resources Proposed Order Addressing Leopold Company

The Missouri Department of Natural Resources (“MDNR”) issued an Order of Suspension of Permit (“Order”) to Welker Pump Service (“Welker”). See Order No. WIS-2024-006. The Order provides that Welker is the responsible...more

Schwabe, Williamson & Wyatt PC

Public Comments Invited for New Washington Dept. of Ecology Water Treatment Plant Permit

On March 20, 2024, the Washington Department of Ecology issued a draft Water Treatment Plant General Permit for public comment. Water treatment plants that engage in filter backwash activities and pollutant discharge must...more

Latham & Watkins LLP

California Water Challenges Remain Despite Significant Precipitation in 2023

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State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...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

Foley Hoag LLP - Environmental Law

The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do

The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that’s no excuse for inaction and I found the...more

Nossaman LLP

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

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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

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

No-Discharge Water Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Melbourne, Arkansas, (“Melbourne”) entered into a March 31st Consent Administrative Order (“CAO”) addressing an...more

Holland & Knight LLP

Avalancha de caducidades de concesiones de aguas en jurisdicción CAR

Holland & Knight LLP on

¿Es usted titular de una concesión de aguas de jurisdicción CAR - Cundinamarca? Preocupan los numerosos pronunciamientos recientes de la Corporación Autónoma Regional de Cundinamarca (CAR) en relación con la caducidad de...more

Foley & Lardner LLP

Part One – Air, Water, California Proposition 65, and Cannabis

Foley & Lardner LLP on

Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more

Foley Hoag LLP - Environmental Law

Can “Guidance” Ever Be Binding?

Last week, the 9th Circuit Court of Appeals rejected a challenge to EPA guidance that suggested a new statistical method, the Test of Significant Toxicity, for determining the toxicity of discharges subject to NPDES permits. ...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...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

Snell & Wilmer

Arizona Natural Resources, Environment & Water Legislation Transmitted to the Governor

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The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law...more

Miller Starr Regalia

Supreme Court Holds Stanislaus County Well Permit Decisions Under State Standards Are Neither Categorically Ministerial Nor...

Miller Starr Regalia on

On August 27, 2020, the California Supreme Court filed its unanimous opinion, authored by Justice Corrigan, in Protecting Our Water and Environmental Resources v. County of Stanislaus (2020) ___ Cal.5th ___ (“POWER”). The...more

Foley Hoag LLP - Environmental Law

Governor Jim Justice and the Progress of Man

On Monday, Judge David Faber found Bluestone Coal Corporation liable for 1,904 days of violations of its discharge permit at the Red Fox Surface Mine. All of the violations related to excessive discharges of selenium. ...more

Best Best & Krieger LLP

The EPA’s National Water Reuse Action Plan

Joint Plan Aims to Meet Rising Water Demands - A new National Water Reuse Action Plan focuses on water reuse practices aimed at strengthening water security, sustainability and resilience for both rural and urban...more

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

Groundwater Withdrawal: Google and Southern Environmental Law Center Enter into Agreement Addressing South Carolina Aquifer

The Southern Environmental Law Center (“SELC”) announced in a December 16th article an agreement addressing a Google server farm’s future withdrawals from a South Carolina aquifer. Google is stated to have previously...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

(ACOEL) | American College of Environmental...

Twenty Years of Waterkeeper Alliance: How the Waterkeeper Movement Shaped and Was Shaped by U.S. Environmental Law

In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more

White & Case LLP

Four steps to managing risks in desalination projects

White & Case LLP on

As global water shortages worsen, desalination projects are likely to proliferate. Sponsors that can manage project risk will capture significant value while helping the world meet its water needs. Increasing pressure to...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

Nossaman LLP

[Webinar] WOTS Up? An Update Regarding Regulation of Waters of the State (WOTS) and Waters of the United States (WOTUS) - June...

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This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more

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

Beneficial Water Use: Montana Court Addresses Challenge to Mining Company Application

A Montana court addressed a challenge to a mining company’s application for a Beneficial Water Use Application. See Clark Fork Coalition, Rock Creek Alliance, Earthworks, and Montana Environmental Center v. Montana Department...more

Burr & Forman

EPA Speaks On Groundwater Permitting Issue

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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

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