Clean Water Act, Environmental Protection Agency (EPA), Water Pollution

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/20/2024

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/13/2024

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

California Environmental Law & Policy Update 7.26.24

Allen Matkins on 7/29/2024

An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more

Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Citizen Suit Action Against U.S. Environmental...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/11/2024

The Public Employees for Environmental Responsibility (“PEER”) filed a Clean Water Act citizen suit action in the United States District Court for the District of Columbia against the United States Environmental Protection...more

Holyoke, Massachusetts, Clean Water Act NPDES Permit: U.S. EPA Environmental Appeals Board Petition Filed

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/11/2024

The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

Beveridge & Diamond PC on 2/21/2024

The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

Did the 9th Circuit Just Let the EPA ‘Fudge’ the Numbers on Water Pollution?

Goldberg Segalla on 1/26/2024

Ever since the Clean Water Act of 1972 dramatically overhauled the way in which America, through the EPA, monitors and protects its waterways, there has been the struggle between the literal life-and-death need for clean...more

Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation...

Mintz on 12/12/2023

You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has invoked its rarely used Residual Designation Authority under section 402 of the Clean Water...more

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper on 11/29/2023

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/29/2023

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/25/2023

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

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/28/2023

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

ArentFox Schiff on 8/18/2023

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

Was invoking the major questions doctrine really necessary for a 4th Circuit panel to agree fish aren't pollutants covered by the...

Mintz on 8/11/2023

This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court of Appeals agreed with a District Court Judge that when shrimpers use nets to catch...more

California Environmental Law & Policy Update - 6.30.23

Allen Matkins on 7/3/2023

Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce...more

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

Pillsbury - Gravel2Gavel Construction & Real... on 6/1/2023

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

SCOTUS WADES INTO WOTUS: Landmark Supreme Court Decision Narrows the Scope of Wetlands Covered by the Clean Water Act

Saul Ewing LLP on 5/31/2023

The Sacketts made history again in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell...more

U.S. Supreme Court Removes Federal Clean Water Act Protections and Permitting Requirements from Most U.S. Wetlands

Best Best & Krieger LLP on 5/26/2023

On May 25, 2023, the U.S. Supreme Court announced a five-Justice Majority decision in the case of Sackett v. Environmental Protection Agency. Justice Alito, writing for the majority, stated that the Clean Water Act only...more

Supreme Court Dramatically Redefines the Clean Water Act

Goldberg Segalla on 5/26/2023

Key Takeaways - May 25 SCOTUS decision significantly curtails the power of the EPA to regulate wetlands - Majority determines that navigable waters regulated by the EPA do not include many previously regulated...more

SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/24/2023

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

Nossaman LLP on 4/14/2023

On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

Liquid Animal Waste Management Systems/Nutrient Management Plans: Legislation Introduced Transferring Agency Authority for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/30/2023

House Bill (“HB”) 1706 and 1707 have been introduced which address issues associated with liquid waste management systems permitting and nutrient management plans. Both bills are sponsored by Representative Vaught and...more

California Environmental Law & Policy Update - 3.03.23 - #1

Allen Matkins on 3/6/2023

Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/31/2023

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

EPA Publishes Final Rule Revising Definition of “Waters of the United States”

Husch Blackwell LLP on 1/26/2023

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

Clean Water Act › Environmental Protection Agency (EPA) › Water Pollution

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