News & Analysis as of

Water Pollution Water Quality

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,...

95th Arkansas General Assembly: Legislation Introduced Prohibiting Discharges into Waterbodies Utilized by A Public Water System

Senate Bill 556 has been introduced which would amend Arkansas Code Title 8, Chapter 3, Subchapter 1 to add an additional Section titled:                                 8-3-104. Watershed Discharge Prohibition...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

Holland & Knight LLP

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

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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

Tonkon Torp LLP

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

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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

Lippes Mathias LLP

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

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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

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

Allen Matkins

California Environmental Law & Policy Update 10.11.24

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

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

Water Quality Standards/Clean Water Act: Arkansas Department of Energy and Environment Response to U.S. Environmental Protection...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted August 26th comments addressing the United States Environmental Protection Agency’s (“EPA”) partial disapproval of...more

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

Safe Drinking Water Act/Environment: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 5th Proposed Director’s Order and Assessment (“Order”) to the City of Dayton, Tennessee addressing alleged violations of the Tennessee Safe...more

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,...

Adopting Water Quality Criteria for Secondary Contact Recreation: U.S. Environmental Protection Agency Publishes User Guide

The United States Environmental Protection Agency (“EPA”) has issued a document titled: Adopting Water Quality Criteria for Secondary Contact Recreation: A User Guide. (“Guide”). See EPA 820-B-24-001....more

Allen Matkins

California Environmental Law & Policy Update 6.07.24

Allen Matkins on

Plans to build the largest new reservoir in California in 50 years have taken a significant step forward following a judge’s decision last Friday to dismiss a lawsuit filed by environmental groups challenging the adequacy of...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

K&L Gates LLP

Parts Per Trillion: Illinois Proposes Stringent Groundwater Quality Standards for PFAS Compounds

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On 7 March 2024, the Illinois Pollution Control Board (Board) proposed amendments to its Ground Water Quality regulations, which would set standards for selected per- and polyfluoroalkyl substances (PFAS) compounds at or near...more

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

Creating Confidence in Clean Water Permitting Act: U.S. House of Representatives Passes Legislation

The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more

Williams Mullen

Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...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

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

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

Verrill

Work Together or Fend for Yourself: New Rules Aim to Reduce Nitrogen from Cape Cod’s Septic Systems and Watersheds

Verrill on

New rules issued by MassDEP offer Cape Codders a choice for controlling nitrogen pollution. The problem is well-understood. When too much discharged nitrogen reaches coastal waters, excess plant and algae growth replaces...more

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

Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to Address Nutrient Pollution in...

The United States Environmental Protection Agency (“EPA”) Office of Water published a draft document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water...more

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

Missouri Nutrient Trading Program: Missouri Department of Natural Resources Public Notices Draft Revisions

The Missouri Department of Natural Resources (“MDNR”) is public noticing a revised draft of its Missouri Nutrient Trading Program (“Draft”) that was originally announced in April. MDNR states that the document outlines...more

Williams Mullen

VA DEQ’s 2022 Flood of Stormwater-Related Guidance - Part II: Proposed Technical Memorandum

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​​​​​​​Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

Perkins Coie on

Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

(ACOEL) | American College of Environmental...

Austin: A Battle Among Progressives

The City of Austin has become a battleground for progressive initiatives. On June 9, the City Council approved a resolution directed at water quality, flooding, and environmental justice. Surprisingly, these laudable...more

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