News & Analysis as of

Discharge of Pollutants Storm Water Environmental Protection Agency (EPA)

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

Allen Matkins on

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,...

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

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

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

Stormwater Enforcement: U.s. Environmental Protection Agency And Kiryas Joel, New York, Poultry Processing Facility Enter Into...

The United States Environmental Protection Agency (“EPA”) and Kiryas Joel Poultry Processing Plant (“KJPPP”) entered into a March 15th Consent Agreement and Final Order (“CA”) addressing an alleged violation of a Clean Water...more

Sheppard Mullin Richter & Hampton LLP

Turbulence Ahead for the Clean Water Act: Agencies Redefine “Waters of the United States” as SCOTUS Prepares to Rule in Sackett v....

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more

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

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more

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

Commercial/Industrial/Institutional (CII) Stormwater Sources: U.S. Environmental Protection Agency Exercises Clean Water Act...

The United States Environmental Protection Agency (“EPA”) exercise certain Clean Water Act residual designation authorities to address stormwater discharges in three Massachusetts watersheds. The designations were...more

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

Morgan Lewis on

The US Environmental Protection Agency (EPA) announced on September 14 that it will require new permit coverage for previously unregulated stormwater discharges in Massachusetts. Specifically, EPA intends to issue general...more

UB Greensfelder LLP

Ohio EPA Industrial Stormwater General Permit Deadline Quickly Approaching

UB Greensfelder LLP on

On June 1, 2022, the Ohio Environmental Protection Agency’s (EPA) recent updates to industrial stormwater general permits became effective. Industrial stormwater general permits cover stormwater discharges from new and...more

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

Williams Mullen on

Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Lynden, Washington Refrigerated Warehousing/Storage Facility...

The United States Environmental Protection Agency (“EPA”) and Americold Logistics, LLC – Lynden (“ALLL”) entered into a March 9th Consent Agreement (“CA”) to address alleged violations of a Clean Water Act Stormwater...more

Robinson+Cole Construction Law Zone

Proposed Changes to EPA’s Stormwater Permit for Construction Sites

The Environmental Protection Agency (EPA) recently announced its intention to modify the 2017 National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Stormwater Discharges (2017 CGP). EPA...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Pennsylvania Department of Transportation Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Pennsylvania Department of Transportation (“PDOT”) entered into an August 29th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain...more

Downey Brand LLP

U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and...

Downey Brand LLP on

On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more

Beveridge & Diamond PC

Environmental Groups Score First Victory to Expand Regulation of Stormwater Under the NPDES Program

Beveridge & Diamond PC on

Last week, the U.S. District Court for the Central District of California gave environmental groups a significant win in their bid to force EPA to regulate new sources of stormwater discharges under the Clean Water Act...more

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

Evolution of Stormwater Permitting and Program Implementation Approaches Report: May 17th U.S. Environmental Protection Agency...

Region 9 of the United States Environmental Protection Agency (“EPA”) issued a May 17th report titled: Evolution of Stormwater Permitting and Program Implementation Approaches – Workshop Report Recommendations for Program...more

Downey Brand LLP

U.S. EPA Region 9 Enforcement Priorities Revealed

Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Pillsbury - Gravel2Gavel Construction & Real...

First Circuit Concludes That EPA Did Not Fail To Perform Nondiscretionary Duties In Connection With TMDLs

On January 24, the U.S. Court of Appeals for the First Circuit decided the case of Conservation Law Foundation, Inc., v. Pruitt. The Pruitt case involves a consolidated appeal from the decisions of the U.S. District Courts in...more

Ward and Smith, P.A.

Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses

Ward and Smith, P.A. on

Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without a named storm, causes property to saturate...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Pierce Atwood LLP

EPA's Focus on Boatyards and Marinas Continues

Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

Holland & Knight LLP

EPA Publishes Proposed Benchmarks for Revised District of Columbia MS4 Permit

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) published on Nov. 17, 2016, a Notice of Intent to Reissue the District of Columbia's municipal separate storm sewer system (MS4) permit. The notice triggers a 45-day public...more

Bergeson & Campbell, P.C.

CWA: EPA Settlement Telegraphs Changes to General Permit Coverage for Facilities with Coal Tar Sealed Pavement

On August 16, 2016, the U.S. Environmental Protection Agency (EPA) reached a settlement in Clean Water Act (CWA) lawsuits filed over its 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial...more

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