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Discharge of Pollutants Water

Nossaman LLP

EPA Action on “Forever Chemicals”

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

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In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

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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

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

Burns & Levinson LLP

“Phosphogeddon” – An Opportunity for Wastewater Treatment and Solids Management?

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The epic depletion of naturally occurring phosphorous in the environment, or “Phosphogeddon,” as it is euphemistically called often by some who discount its significance, may be the next great environmental challenge, ranking...more

Mintz

Sunshine may be among the best disinfectants but these PFAS defendants are fighting to keep their settlement with Rome, Georgia...

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Supreme Court Justice Louis Brandeis famously exclaimed sunlight is said to be the best of disinfectants. Of course the Atlanta Journal-Constitution and the Rome News-Tribune endorse that proposition. And, the newspapers...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Burns & Levinson LLP

Today’s Challenges to Wastewater Treatment and Sludge Management

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As a consequence of the efforts by EPA and state environmental authorities throughout New England and beyond to update wastewater treatment requirements, including management of the sludge produced, significant questions and...more

Mintz

EPA has issued an "order" permitting continued PFAS discharges at concentrations much higher than what it says are dangerous....

Mintz on

EPA got a lot of press this week for its first ever "enforcement" action relating to the continuing discharge of the forever chemicals known as PFAS into the Ohio River in West Virginia. Many of you know that this part of the...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

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PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

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

Water Enforcement: Louisiana Department of Environmental Quality and Mandeville Used Cooking Oil Collection Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and LCS Recycling, LLC (“LCS”) entered into an August 9th Settlement addressing alleged violations of water, solid waste, and spill prevention and control (“SPC”)...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

Downey Brand LLP

Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne...

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On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much...more

Allen Matkins

California Wineries Required to Comply with New Statewide Waste Discharge Order

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On January 20, 2021, the California State Water Resources Control Board (State Water Board) adopted a new statewide general Waste Discharge Requirement (WDR) order for winery process waste discharge facilities (New Winery...more

Downey Brand LLP

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean...

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On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more

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

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

Downey Brand LLP

State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May...

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On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). Consequently, the...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

Downey Brand LLP

Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State...

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On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more

Holland & Knight LLP

Open-Loop Scrubber Proponents, Led by CSA 2020, Continue to Dominate the News Narrative for the Time Being

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For background information regarding open-loop scrubber environmental studies by the Japanese Ministry of Land, Infrastructure, Transportaiton and Tourism (MLIT) and the classification society Det Norske Veritas Germanischer...more

Holland & Knight LLP

Japanese Government and Carnival Cruise Lines Studies Shift Debate about Impact of Vessel Scrubber Discharge Water

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Comprehensive studies regarding the environmental effects of discharges from vessel's open-loop scrubbers released during the last several weeks by the Japanese Ministry of Land, Infrastructure, Transport and Tourism (MLIT)...more

Holland & Knight LLP

Solicitor General Tells SCOTUS EPA Poised to Act on CWA Comments

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On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more

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

Aluminum/Aquatic Life Ambient Water Quality Criteria: U.S. Environmental Protection Agency Publishes Update

The United States Environmental Protection Agency (“EPA”) on December 21st published a final updated Aquatic Life Ambient Water Quality Criteria (“WQC”) recommendations for aluminum in freshwater under Section 304(a)(1) of...more

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