News & Analysis as of

Discharge of Pollutants Clean Water Act

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

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

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

Wastewater Plant/Subdivision: Faulkner County Circuit Court Action Filed Alleging Prospective Nuisance/Trespass Associated with...

The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more

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

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

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

Allen Matkins

California Environmental Law & Policy Update 7.26.24

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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

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

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

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

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

Verrill on

As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more

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

Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources: Source Water Collaborative Report

A May 2024 report has been issued titled: New Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources (“Guide”). The Guide was issued by the Source Water Collaborative (“SWC”)....more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...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,...

Citizen Suit Action/Clean Water Act: Conservation Law Foundation Lawsuit Addressing Littleton, Massachusetts, Pepsi-Product...

The Conservation Law Foundation (“CLF”) sent an April 10th letter to Patriot Beverages, LLC and CPF, Inc. (collectively, “Pepsi Beverages”) styled: Notice of Violations and Intent to File Suit Under the Clean Water Act...more

Beveridge & Diamond PC

EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case...more

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

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

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

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

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

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

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

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

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

Mintz

The City and County of San Francisco are about to deliver EPA & the Ninth Circuit their 3rd consecutive Clean Water Act defeat in...

Mintz on

The United States Supreme Court isn't done with the Clean Water Act and EPA's interpretation of it. This month the City and County of San Francisco asked the nation's highest court to overturn a split Ninth Circuit Court of...more

Pillsbury Winthrop Shaw Pittman LLP

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more

Goldberg Segalla

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

Goldberg Segalla on

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

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

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

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...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

Allen Matkins

Dissecting Discharges: Recent Ninth Circuit Rulings and EPA Guidelines Interpreting the Clean Water Act

Allen Matkins on

November was an eventful month for the Clean Water Act (CWA). The Ninth Circuit Court of Appeals issued two decisions last month—which will apply to cases and matters in California and other states within the Ninth...more

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

Solid Waste/Wastewater Enforcement: Louisiana Department of Environmental Quality and St. Landry Parish Solid Waste Disposal...

The Louisiana Department of Environmental Quality (“LDEQ”) and St. Landry Parish Solid Waste Disposal District (“St. Landry”) entered into a Settlement Agreement (“SA”) addressing alleged violations of a solid waste permit...more

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

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