News & Analysis as of September 19, 2024

Discharge of Pollutants

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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 -

EPA Expands Clean Water Act Spill Response Planning to Hazardous Substances

Beveridge & Diamond PC on 4/26/2022

Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) published a proposed rule requiring certain facilities to prepare Facility Response Plans (FRPs) for responding to worst case discharges...more

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

The Volkov Law Group on 8/25/2021

In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

EPA Approves Texas NPDES Oil and Gas Program Authorization

White & Case LLP on 1/28/2021

On January 15, 2021, the US Environmental Protection Agency (the EPA) announced that it approved an application from the State of Texas to administer the National Pollutant Discharge Elimination System (NPDES) program for...more

California Environmental Law & Policy Update - December 2020 #2

Allen Matkins on 12/11/2020

New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on 6/2/2020

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

Snell & Wilmer on 5/29/2020

On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more

Currents - Energy Industry Insights - April 2020 #4

Spilman Thomas & Battle, PLLC on 4/28/2020

Industry Expert Insights - We reached out to a well-known expert in Mexico in the energy and legal industries to get his thoughts on the current energy climate. Juan Serra is a partner in the Mexico City office of...more

Not Everybody Can Sue the EPA

Gray Reed on 10/11/2019

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more

Produced Water Management: Is EPA Laying the Foundation for More Options or More Regulation?

Locke Lord LLP on 5/31/2019

In mid-May 2019, the Environmental Protection Agency (EPA) released for public comment its draft Study of Oil and Gas Extraction Wastewater Management under the Clean Water Act. The purpose of the study was to document EPA’s...more

Section 311/SPCC Clean Water Act Enforcement: U.S. Environmental Protection Agency and Lafourche Parish, Louisiana, Oil Production...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/4/2019

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) and Redrock Energy, Inc. (“REI”) entered into a Consent Agreement and Final Order (“CA”) addressing an alleged violation of Section 311 of the...more

Currents - Energy Industry Insights - January 2019 #4

Spilman Thomas & Battle, PLLC on 2/2/2019

Trump Eyes Action to Limit States' Powers to Block Pipelines - "The Trump administration is considering taking steps to limit the ability of states to block interstate gas pipelines and other energy projects, according to...more

SPCC Regulations/Clean Water Act: U.S. Environmental Protection Agency Proposal Declining Applicability to Hazardous Substances

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/27/2018

The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more

Criminal Enforcement/Clean Water Act: U.S. Department of Justice Announces Guilty Plea by Biodiesel Fuel Company

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/21/2018

The United States Department of Justice (“DOJ”) issued a June 5th news release stating that Fuel Bio One LLC (“FBO”) pleaded guilty to an alleged Clean Water Act violation. FBO allegedly discharged over 45,000 gallons of...more

311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Leominster, Massachusetts Oil Company Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/11/2018

The United States Environmental Protection Agency (“EPA”) and Fraticelli Oil Company (“FOC”) entered into an April 23rd Expedited Settlement Agreement (“ESA”) for alleged violation of Section 311(b)(3) of the Clean Water Act....more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Stoel Rives - Environmental Law Blog on 4/18/2018

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Fourth Circuit Expands Scope of Clean Water Act

Alston & Bird on 4/16/2018

Our Environment, Land Use & Natural Resources Group discusses the Fourth Circuit’s decision to allow a Clean Water Act class action suit to move forward. - Upstate Forever v. Kinder Morgan Energy Partners - The plain...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on 2/22/2018

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

Snell & Wilmer on 2/14/2018

On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Transportation Company Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/28/2017

The United States Environmental Protection Agency (“EPA”) and HollyFrontier Transportation LLC (“HT”) entered into a December 8th Combined Complaint and Consent Agreement (“CA”) addressing an alleged violation of Section 311...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

Pillsbury Winthrop Shaw Pittman LLP on 9/14/2017

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

BakerHostetler on 8/24/2015

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

Minimizing Risk Under the Clean Water Act

WilmerHale on 5/8/2015

The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more

In BP Gulf Oil Spill Litigation, the District Court Decided Important Legal Questions that will Likely be Appealed, including the...

King & Spalding on 10/13/2014

On September 4, 2014, U.S. District Judge Carl Barbier issued findings of fact and conclusions of law for the trial of the MDL of the Gulf Oil Spill, which included findings that the oil spill was the result of BP Exploration...more

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