Clean Water Act, NPDES, Permits

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/12/2024

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

Nitrogen/Phosphorus: EarthJustice Administrative Challenge to West Point Wastewater Treatment Plant (Washington) NPDES Permit...

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

EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more

The Supreme Court Update - May 28, 2024

Dorsey & Whitney LLP on 5/29/2024

Today, the Supreme Court of the United States granted certiorari in one case: San Francisco v. EPA, No. 23-753: This case involves interpretation of the federal Clean Water Act (CWA) and its National Pollutant Discharge...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/2/2024

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/13/2024

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2024

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/27/2024

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

The Navy is going to get a Clean Water Act NPDES permit authorizing its firing of munitions. What's next?

Mintz on 1/11/2024

Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the continuing use of the firing range at the Naval Surface Warfare Center Dahlgren on the...more

Section 401/Clean Water Act: Arkansas Attorney General and 10 Other States Challenge U.S. Environmental Protection Agency...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/13/2023

Arkansas Attorney General Tim Griffin and 10 other states filed in the United States District Court for the Western District of Louisiana (“Court”) a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the...more

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/12/2023

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/30/2023

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...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

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

Nossaman LLP on 11/28/2023

On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.S. Environmental Protection Agency:...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/26/2023

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/9/2023

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Lexa, Arkansas, (“Lexa”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged...more

EPA Issues Clean Water Act Permits Requiring Climate Change Adaptation

Beveridge & Diamond PC on 10/6/2023

As September ended, the U.S. Environmental Protection Agency (EPA)’s Region 1 office took a series of actions signaling the agency’s intention to impose climate change adaptation requirements in National Pollutant Discharge...more

Wastewater Enforcement/Clean Water Act: Illinois Attorney General Second Amended Complaint Alleging Violations by Trump Tower...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/4/2023

The Illinois Attorney General (“AG”) filed a Second Amended Complaint (“Amended Complaint”) on September 28th in the Circuit Court of Cook County, Illinois, against 401 North Wabash Venture, LLC, d/b/a Trump International...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

Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/21/2023

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

I guess it makes sense that the Navy would need a Clean Water Act permit to fire munitions if the Forest Service needs one to...

Mintz on 8/23/2023

Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging that the Navy's firing of munitions into the Potomac River without a NPDES permit violates...more

Major Questions Doctrine Reaches the Clean Water Act

Beveridge & Diamond PC on 8/14/2023

The Fourth Circuit Court of Appeals unanimously affirmed a district court’s dismissal of environmental plaintiffs’ claim that shrimp trawlers require either a Section 404 or National Pollutant Discharge Elimination System...more

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Foley Hoag LLP - Environmental Law on 8/3/2023

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Tackling the Zombies

(ACOEL) | American College of Environmental... on 4/14/2023

What can a frustrated state legislator do when the agency implementing the Clean Water Act fails to renew expired permits or sanction major violators? Legislation recently adopted by Maryland provides some innovative answers....more

This isn't an early April Fools joke -- the US Forest Service is applying for a NPDES permit so that it can keep fighting forest...

Mintz on 3/27/2023

Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to...more

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/7/2023

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

Clean Water Act › NPDES › Permits

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