News & Analysis as of

Water Pollution Clean Water Act

Fox Rothschild LLP

EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge

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On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA...more

Bricker Graydon LLP

Supreme Court Limits EPA Permitting Authority in City and County of San Fran v. US EPA

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On March 4, 2025, the U.S. Supreme Court issued a 5-4 opinion in City and County of San Francisco v. Environmental Protection Agency, holding that “end-result” requirements routinely imposed by the EPA in NPDES permits issued...more

Williams Mullen

Clean Water Act: The End of “End-Result” Permitting

Williams Mullen on

The Supreme Court of the United States’ recent Clean Water Act decision in City of San Francisco v. EPA has sent shockwaves through the environmental community by prohibiting EPA and state agencies’ common practice of...more

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

Upper White River Watershed Management Plan: H2Ozarks Announces Extension of Comment Period

H2Ozarks announced that the public comment period has been extended through April 22nd for the Upper White River Watershed Management Plan (“Plan”). The organization states that it is seeking community feedback to “ensure...more

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

Citizen Suit Action/ Clean Water Act: Environmental Defense Alliance Notice of Intent to Sue U.S. Environmental Protection Agency...

Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

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In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...more

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

Environmental Criminal Enforcement/Clean Water Act: United States District Court (District of Connecticut) Sentences Water Main...

The United States Attorney’s Office for the District of Connecticut issued a March 4th press release stating that National Water Main Cleaning Company (“NWMCC”) was sentenced by the United States District Court for the...more

Brownstein Hyatt Farber Schreck

Supreme Court Makes Waves In San Francisco Ruling

When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more

McGlinchey Stafford

SCOTUS Rolls Back EPA’s Permitting Authority under the CWA

McGlinchey Stafford on

On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more

Goldberg Segalla

Supreme Court Requires EPA to Set Specific Targets in Water Permits

Goldberg Segalla on

The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” San...more

Holland & Knight LLP

In San Francisco v. EPA, Supreme Court Continues Its "Righting" of the Clean Water Act

Holland & Knight LLP on

With its opinion in San Francisco v. EPA, the U.S. Supreme Court has again acted to "right" the implementation of the federal Clean Water Act by overturning a U.S. Court of Appeals for the Ninth Circuit interpretation of the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City and County of San Francisco, California v. Environmental Protection Agency

On March 3, 2025, the U.S. Supreme Court decided City and County of San Francisco, California v. Environmental Protection Agency, No. 23-753, holding that Section 1311(b)(1)(A) of the Clean Water Act does not authorize the...more

Tonkon Torp LLP

U.S. Supreme Court Ruling Will Make it Easier to Comply with NPDES Permits

Tonkon Torp LLP on

On March 4, 2025 the Supreme Court overturned the 9th Circuit to rule in favor of the City of San Francisco in a landmark Clean Water Act case. The EPA authorizes states to issue National Pollutant Discharge Elimination...more

Bergeson & Campbell, P.C.

Biden EPA Filed Notice of Appeal of Ruling that Typical Levels of Drinking Water Fluoridation Present an Unreasonable Risk to...

As reported in our September 30, 2024, blog item, the U.S. District Court for the Northern District of California ruled in September 2024 that the plaintiffs established by a preponderance of the evidence that the levels of...more

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits

Update: On February 3, 2025, EPA extended the comment period on the 2026 Multi-Sector General Permit (MSGP) to April 4, 2025....more

Beveridge & Diamond PC

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated...

Update: On January 31, under the new Trump administration, the U.S. Environmental Protection Agency (EPA) reopened the comment period for the 2024 Preliminary Designation and draft General Permit for CII properties. Written...more

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

Lippes Mathias LLP on

On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

Fox Rothschild LLP

PENNVEST Awards $28M of PFAS Funding, Bringing Total to $95M

Fox Rothschild LLP on

On January 22, 2025, the Pennsylvania Infrastructure Investment Authority (PENNVEST) announced funding awards totaling $288.2M for 39 drinking water, wastewater, and non-point source projects across 24 counties in...more

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

Pretreatment Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Sycamore, Illinois Specialty Metals Facility...

The United States Environmental Protection Agency (“EPA”) and Elgiloy Specialty Metals (“ESM”) entered into a November 18th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Water Act....more

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

Criminal Enforcement/Clean Water Act: U.S. Department of Justice Press Release Announces Six-Count Indictment Charging Phillips 66...

The United States Department of Justice (“DOJ”) announced that a federal grand jury returned a six-count indictment charging Phillips 66 Company with violating the Clean Water Act. The matter is being handled by the...more

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

Climate Change Considerations When Prioritizing, Developing and Implementing Total Maximum Daily Loads: November 2024 U.S....

The United States Environmental Protection Agency (“EPA”) issued a November 2024 report titled: Climate Change Considerations When Prioritizing, Developing and Implementing Total Maximum Daily Loads (“Report”)....more

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

Citizen Suit Action/Clean Water Act: Los Angeles Waterkeeper Files Judicial Action Addressing California Railroad...

Los Angeles Waterkeeper (“Waterkeeper”) filed a November 18th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Compliant”) against Union Pacific Railroad Company (“Union Pacific”) in the United States...more

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

Stormwater Enforcement/Clean Water Act Citizen Suit Action: Conservation Law Foundation Notice of Intent to Sue Operator of East...

The Sims facilities are stated to buy, process, and sell ferrous and non-ferrous scrap metal, appliances, junk cars, trailers, and electronics. Such items are stated to be stored outdoors in uncovered piles or bales at the...more

Goldberg Segalla

Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

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During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more

Holland & Knight LLP

EPA to Cruise Ships, Cargo Ships, Barges, Tankers, Tugs and Tows: Take Notice

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As detailed through previous Holland & Knight alerts and blogs detailing the Notice of Proposed Rule Making and Consent Decree that postponed completion of the Vessel Incident Discharge (VID) final rule until fall 2024, the...more

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