News & Analysis as of

Clean Water Act Compliance

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Oberheiden P.C.

10 Tips for Handling an EPA Environmental Audit

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) expects companies to self-police their environmental compliance efforts. While the EPA regularly conducts inspections focused on assessing environmental compliance, it also...more

McGlinchey Stafford

The PFAS Matrix: Potential Risks, Corrective Actions, and Regulatory Compliance

McGlinchey Stafford on

Per- and polyfluoroalkyl substances (PFAS), often dubbed “forever chemicals,” are increasingly scrutinized for their environmental persistence and possible health risks. Businesses that manufacture, use, or dispose of PFAS...more

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

Oberheiden P.C. on

Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...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

EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

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On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

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

PFAS/Refinery: Denver Trout Unlimited Files Administrative Challenge to Colorado of Public Health and Environment NPDES Permit...

Denver Trout Unlimited, GreenLatinos, and the Colorado Sierra Club (collectively “Trout Unlimited”) filed an April 5th Request for an Adjudicatory Hearing (“Request”) before the Colorado Department of Public Health and...more

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

Waters of the United States/Clean Water Act: U.S. Army Corps of Engineers Memorandum Providing Post-Sackett Guidance

The Office of Assistant Secretary Civil Works of the U.S. Army Corps of Engineers (“Corps”) issued a March 22nd Memorandum titled: Civil Works Actions to Sustain and Advance the Nation’s Waters and Wetlands After the...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

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

Williams Mullen on

EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

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

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Nashville, Arkansas, (“Nashville”) entered into October 16th Consent Administrative Order (“CAO”) addressing alleged...more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

Goldberg Segalla on

Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Joiner, Arkansas, (“Joiner”) entered into a May 25th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Woodstock Recycling/Salvage Yard Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and PK Business LLC (“PK”) entered into a May 25th Consent Order (“CO”) addressing alleged violations of the Alabama Stormwater Clean Water Act Stormwater...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

ArentFox Schiff on

Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

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

Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that...more

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

King & Spalding on

The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

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

U.S. Environmental Protection Agency Enforcement and Compliance Annual Results: Fiscal Year 2022 Report

The United States Environmental Protection Agency (“EPA”) issued a document titled: Enforcement and Compliance Annual Results for Fiscal Year 2022 (“Report”)...more

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

NPDES Permits/Clean Water Act: U.S. Environmental Protection Agency/Association of Clean Water Administrators Announce Reduction...

The United States Environmental Protection Agency (“EPA”) and Association of Clean Water Administrators (“ACWA”) announced in separate documents that there has been a major improvement in compliance with Clean Water Act...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Hazlehurst Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Hazlehurst, Mississippi (“Hazlehurst”), entered into a September 21st Agreed Order (“AO”) addressing alleged violations of a Clean Water Act...more

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

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

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

Inquiry into Jackson, Mississippi, Drinking Water Emergency: U.S. EPA Office of Inspector General Project Notification

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a Project Notification titled: Inquiry into Jackson, Mississippi, Drinking Water Emergency (“Project Notification”)...more

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

Environmental Criminal Enforcement: Memphis, Tennessee, Environmental Consulting Firm CEO Sentenced for Allegedly Filing False...

The United States Department of Justice (“DOJ”) issued a September 12th news release stating that DiAne Gordan (“Gordon”) had been sentenced to 36 months in prison for allegedly fabricating discharge monitoring reports...more

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

Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act Discharge Permits: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) Office of Enforcement and Compliance Assurance issued a March 2022 document titled: Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act...more

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