News & Analysis as of

Water Pollution Wastewater

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...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,...

Plastic Pellet Free Waters Act: U.S. House of Representatives Legislation Introduced Addressing Plastic Pellets

H.R. 7634 has been introduced into the United States House of Representatives which is titled: Plastic Pellet Free Waters Act (“Act”). The Act requires that the United States...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Dumas, Arkansas, entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

Burns & Levinson LLP

“Phosphogeddon” – An Opportunity for Wastewater Treatment and Solids Management?

Burns & Levinson LLP on

The epic depletion of naturally occurring phosphorous in the environment, or “Phosphogeddon,” as it is euphemistically called often by some who discount its significance, may be the next great environmental challenge, ranking...more

Verrill

No Water, No Beer

Verrill on

The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water...more

Nutter McClennen & Fish LLP

The Massachusetts Department of Environmental Protection Issues New Septic Regulations for Cape Cod

On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod. The regulations will require landowners in “Nitrogen...more

(ACOEL) | American College of Environmental...

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...more

Troutman Pepper

PFAS in Focus: Wastewater Utility Perspectives From Jay Hoskins, Metropolitan St. Louis Sewer District - Reflections on Water...

Troutman Pepper on

Anna and Dave continue their Missouri Water Seminar PFAS miniseries with Assistant Director of Engineering-Environmental Compliance Jay Hoskins of the Metropolitan St. Louis Sewer District. Jay, Anna, and Dave discuss...more

Cozen O'Connor

Michigan AG Nessel Announces Cleanup Order for Lockhart Chemical for Flint River Spills

Cozen O'Connor on

Following a multi-year investigation, Michigan AG Dana Nessel announced the issuance of an order to Lockhart Chemical Company in Flint, Michigan, from the Michigan Department of Environment, Great Lakes and Energy (EGLE)...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Crawford County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Concord Water and Sewer Public Facilities Board (“Concord”) entered into an August 8th Consent Administrative Order (“CAO”)...more

Mintz

District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod

Mintz on

In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

Perkins Coie on

The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Stinson LLP

Clean Water Requirements Escalate for PFAS, Nutrients and other Pollutants

Stinson LLP on

On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

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

U.S. Environmental Protection Agency Biosolids Biennial Report: February 2020 Report Issued

The United States Environmental Protection Agency (“EPA”) published a February 2021 document titled: Biosolids Biennial Report No. 8 (“Report”) - The Report addresses the reporting period 2018-2019. ...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,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Regional Water...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Tri County Regional Water Distribution District (“Tri County”) entered into a February 3rd Consent Administrative Order (“CAO”)...more

Lathrop GPM

Minnesota Calls for Stronger State Regulation of PFAS Chemicals

Lathrop GPM on

Minnesota’s Statewide PFAS Strategy - Last week, Minnesota state officials announced a statewide strategy to address PFAS chemicals present within the state. PFAS are a class of man-made compounds that do not easily break...more

Farella Braun + Martel LLP

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

[co-authors: Erin Eastwood, Justin Fisch, and Lara McDonough] Ocean plastic pollution is a growing challenge that has captured the attention and concern of governments, businesses, and the public alike. As images and...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Arkansas Department of Human Services (“ADHS”) entered into a September 28th Consent Administrative Order (“CAO”)...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Shadow Ridge Wastewater Treatment Facility (“Shadow Ridge”) entered into a June 2nd Consent Administrative Order (“CAO”)...more

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

Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs: U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) announced in the Federal Register publication of a document titled: “Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs of the...more

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