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Water Pollution Clean Water Act Pollution Control

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

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

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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

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

The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute....more

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

Holyoke, Massachusetts, Clean Water Act NPDES Permit: U.S. EPA Environmental Appeals Board Petition Filed

The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more

Beveridge & Diamond PC

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

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The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

Foley Hoag LLP - Environmental Law

More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?

Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and...more

Troutman Pepper Locke

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...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

ArentFox Schiff

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

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The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

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

Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source

A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more

J.S. Held

U.S. EPA’s First Usage of Clean Water Act Residual Designation Authority & Environmental Justice

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In September 2022, the U.S. Environmental Protection Agency (EPA) Region 1 issued a decision to use its Clean Water Act (CWA) Residual Designation Authority (RDA) to require National Pollution Discharge Elimination System...more

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

Nutrients/Clean Water Act: Association of Clean Water Administrators Comments on U.S. Environmental Protection Agency Memorandum

The Association of Clean Water Administrators (“ACWA”) submitted November 3rd comments on a Memorandum United States Environmental Protection Agency (“ EPA”) issued on April 5th titled: Accelerating Nutrient Pollution...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more

Stinson LLP

EPA Proposes Accelerating Nutrient Reductions

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Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. - The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...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,...

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program (UPDATE)

As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...more

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

Plastic Pollution/U.S. EPA Office of Research and Development Initiatives: Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a January 6th Report titled: Office of Research and Development Initiatives to Address Threats and Risks to Public...more

(ACOEL) | American College of Environmental...

Chesapeake Restoration Update

At ACOEL’s 2019 annual meeting in Williamsburg I chaired a panel on the ongoing restoration of the Chesapeake Bay Watershed, which I described as the biggest, and arguably the best, example of cooperative federalism in the...more

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

United States Environmental Protection Agency Water Quality Trading Policy - February 2019

The United States Environmental Protection Agency (“EPA”) issued on February 6th what it describes as an update to the federal agency’s Water Quality Trading Policy. The document is titled: Updating the Environmental...more

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