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Clean Water Act › Enforcement

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 -
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Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United...

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A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more

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Environmental Criminal Enforcement: Federal Appellate Court Addresses Brady Motion to Challenging Clean Water Act Conviction

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The United Stated Court of Appeals for the 9th Circuit (“9th Circuit”) in an August 28th Memorandum addressed a post-trial Motion subject to a Clean Water Act criminal enforcement trial. See U.S. v. Louie Sanft, 2024 W.L....more

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

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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) entered into a February 6th Consent Administrative Order (“CAO”) with the City of Fort Smith, Arkansas addressing alleged...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

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The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

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

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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

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National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer's Manual: U.S. Environmental Protection...

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The United States Environmental Protection Agency (“EPA”) has issued a July 2024 document titled: National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer’s Manual (“Manual”)....more

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Citizen Suit Enforcement/Clean Water Act: Environment California Files Judicial Action Against Port of Los Angeles

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Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more

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Clean Water Act Enforcement: U.S. Environmental Protection Agency and Redding, California Fuel Transport Company Enter into...

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The United States Environmental Protection Agency (“EPA”) and Shasta-Siskiyou Transport (“SST”) entered into a May 30th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Cwa-09-2024-0042. ...more

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404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

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The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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Environmental Criminal Enforcement/Wetlands: U.S. Department of Justice Announces Sentencing for Virginia Company and Owner

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The United States Department of Justice (“DOJ”) issued a June 27th news release stating that Boyd Farm LLC (“Boyd Farm”) and its owner Frazier T. Boyd III were sentenced on June 26th criminally for an alleged felony violation...more

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

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of McRae, Arkansas entered into a June 4th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of De Queen, Arkansas entered into a June 17th Consent Administrative Order addressing alleged violations of a Clean Water...more

Foley Hoag LLP - Environmental Law

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

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Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

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On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...more

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

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Landers BCO, LLC (“Landers”) entered into a May 31st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

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The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more

Oberheiden P.C.

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

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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

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

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The Arkansas Department of Energy and Environment – Division of Environmental Quality and City of Magnolia, Arkansas entered into a March 1st consent administrative order (“CAO”) addressing alleged Clean Water Act National...more

Mintz

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

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Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

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

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“ADEQ”) and M&S Properties, LLC (“M&S”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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MS4/Stormwater Enforcement: Mississippi Commission on Environmental Quality and Hinds County Enter into Agreed Order

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The Mississippi Commission on Environmental Quality (“MCEQ”) and Hinds County, Mississippi, entered into a January 29th Agreed Order (“AO”) addressing an alleged violation of Miss. Code Ann. § 49-17-29(2)(b). See Order No....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

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Stormwater Enforcement/Construction: Arkansas Department of Energy & Environment - Division of Environmental Quality and...

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The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Tripp Property Clearing (“TPC”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

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Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Helena Grain Handling...

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Scoular Company (“SC”) entered into a February 27th Consent Administrative Order (“CAO”) addressing an alleged violation of a...more

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