News & Analysis as of

Water Quality Storm Water

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....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

Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

Mintz on

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Alston & Bird

Los Angeles Regional Water Quality Control Board Drafts NPDES Permit for Commercial, Industrial, and Institutional Facilities

Alston & Bird on

The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural...more

Williams Mullen

Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

Williams Mullen on

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

Verrill

MassDEP Proposes New Coastal Floodplain Standards to Improve Climate Resiliency

Verrill on

There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more

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

Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Countryside Land & Cattle Co., LLC (“Countryside”) entered into a November 21st Consent Administrative Order (“CAO”) addressing...more

Verrill

The Basics of Stormwater Permitting in Massachusetts

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After a summer of historic rainfall and flooding in Massachusetts, stormwater is on our minds. Stormwater is a major source of water pollution in the Commonwealth, and it is crucial that owners and operators of commercial and...more

McNees Wallace & Nurick LLC

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

Williams Mullen

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

Williams Mullen on

​​​​​​​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

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

Post-Development Stormwater Management at Solar Projects: Virginia Department of Environmental Quality Memorandum

The Director of the Virginia Department of Environmental Quality (“VDEQ”) issued a March 29th memorandum entitled: Post-development Stormwater Management at Solar Projects (“Memorandum”)...more

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

Navigating the NPDES Permitting Process for Water Reuse Projects/Strategies to Enable Recycling and Protect Water Quality: March...

A number of water quality organizations in coordination with the United States Environmental Protection Agency (“EPA”) developed a March 2022 report titled: Navigating the NPDES Permitting Process for Water Reuse...more

Woods Rogers

2021 Virginia General Assembly Session Highlights Energy and Environmental Issues

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Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection...more

Beveridge & Diamond PC

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...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,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

Cole Schotz

Rain, Rain, Go Away! Lake Hopatcong’s Algae Bloom & New Jersey’s “Rain Tax”

Cole Schotz on

Lake Hopatcong, New Jersey’s largest lake, has been in the headlines all summer for the large blue-green algae blooms forcing beach and lake closures. This blue-green algae, called cyanobacteria, produces cyanotoxins under...more

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

Water Quality Buffer/Stormwater: Tennessee Appellate Court Reviews Denial of Variance Request

The Tennessee Court of Appeals (“Court”) addressed in a April 4th Opinion a question involving stormwater issue regulations that utilize water quality buffers. See Precision Homes, INC. v. The Metropolitan Government of...more

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

Water/Stormwater Recycling: Minnesota Twins Pitch Sustainability at Target Field

The blog Stormwater Report references what the Minnesota Twins have described as the installation of a “Living Wall” system for Target Field. The system described as a further commitment to sustainability because it will...more

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

Trispot Darter/Endangered Species Act: U.S. Fish and Wildlife Service Final Rule Determining Threatened Status

The United States Fish and Wildlife Service (“Service”) issued a December 27th final rule under the Endangered Species Act (“ESA”) for the trispot darter fish. The final rule: - Determined threatened species status for...more

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

Study for Flood Management/Water Quality Funding for the City of Fayetteville, Arkansas: Alan Pugh (Fayetteville) Beaver Watershed...

The Beaver Watershed Alliance (“BWA”) announced that Alan Pugh will undertake a presentation on November 29th addressing: Study for Flood Management & Water Quality Funding for the City of Fayetteville (“Presentation”) - ...more

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

Commercial/Industrial/Institutional ("CII") Stormwater Sources: Federal Court Addresses Whether NPDES Permitting is Required

A United States District Court (Central District of California) (“Court”) addressed in an August 9th opinion an issue involving the application of the Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

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

2018 EPA Region 6 Stormwater Conference: August 19-23

The 20th Annual EPA Region 6 Stormwater Conference (“Conference”) will be held on August 19th-23rd in Albuquerque, New Mexico. The states encompassed by EPA Region 6 include Arkansas....more

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

Stormwater: Riverkeeper/Waterkeeper Alliance Challenge New York Multi-Sector General Permit (Industrial Activity)

The environmental organizations Riverkeeper, Inc. and Waterkeeper Alliance, Inc. (collectively “Waterkeeper”) filed an action in the Supreme Court of the State of New York against the New York State Department of...more

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