Environmental Protection Agency Discharge of Pollutants

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -
News & Analysis as of

Lipsky Revisited – Details and Debate

Lipsky was not Range’s lessor, therefor I know nothing about the case. Surely, this person lives in my house, where I enjoy a long history of knowing nothing about anything. (Memo to self: check progress on subpoena for kids’...more

Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment

A Court of Appeal has upheld the Regional Board’s adoption of the total maximum daily load (TMDL) for concentration of pollutants in the sediment in McGrath Lake, rejecting the claim that TMDLs may not be stated in terms of...more

Minimizing Risk Under the Clean Water Act

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

The Stormwater Mess Continues in Massachusetts: CLF and CRWA Sue EPA

In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential...more

Environment Agency changes regulatory approach to existing onshore oil and gas facilities

Earlier this month, the Environment Agency (EA) published a new regulatory position statement on the environmental permitting of existing onshore oil and gas facilities (including shale gas facilities)....more

Storm Water Update

We recently informed our clients that there has been an apparent uptick in recent months of citizens suits against storm water permittees for alleged storm water violations under the Clean Water Act. According to a recent...more

General Permit Shields Mining Company from Liability for Selenium Discharge

In Sierra Club v ICG Hazard , LLC, 2015 WL 643382, the United States Court of Appeals for the Sixth Circuit held that a Kentucky coal mining company could not be sued by an environmental group for discharging selenium into...more

A Federal Court Rules that Increased Conductivity Impairs a Stream — How Shocking!

On Tuesday, Chief Judge Robert Chambers ruled that Fola Coal Company violated the Clean Water Act by discharging mine waste with sufficiently high levels of conductivity to cause or materially contribute to impairment of...more

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

EPA Guidance on Pesticide Drift Will Affect Product Registrations

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more

EPA Is Holding Flare Users’ Feet To The Fire

The U.S. Environmental Protection Agency has warned industry using flaring for pollution control that it is targeting flaring violations nationwide to reduce the release of hazardous air pollutants. Originally...more

D.C. Circuit Defers to US Environmental Protection Agency's Decision to Retain Existing Acid Rain Standards In Light of Scientific...

On May 27, 2014 the D.C. Circuit upheld the United States Environmental Protection Agency's (EPA) decision to retain its existing air quality standards for nitrogen dioxide (NO2) and sulfur dioxide (SO2) which address the...more

Federal Court Of Appeals Strikes Down A Portion Of The EPA’s Rule Limiting A Court’s Authority For Imposing Civil Fines For...

Federal Court of Appeals strikes down a portion of the EPA’s rule limiting a Court’s authority for imposing civil fines for equipment failures. While upholding portions of EPA’s new rules for air toxic emissions for cement...more

D.C. Circuit Upholds Power Plant Mercury and Air Toxics Standards

The D.C. Circuit has upheld a 2012 EPA rule limiting air toxics emissions from coal- and oil-fired power plants. The rule, commonly known as the Mercury and Air Toxics Standards, or “MATS,” requires new and existing coal-...more

Ohio Imposes New Fugitive Emissions Rules on Horizontal Drillers

The Ohio Environmental Protection Agency (OEPA) has announced new requirements for horizontal drillers aimed at reducing air pollution from so-called “fugitive emissions,” which are generally caused by leaking valves or...more

Coal Companies, Don’t Look Behind; EPA May Be Gaining on You

As the lawyers among our readers know, the denial of a certiorari petition does not establish precedent. However, that doesn’t make it unimportant. Yesterday, the Supreme Court denied cert. in Mingo Logan Coal Co. v. EPA. ...more

Flood Of Decisions Washes Away EPA Permits On Stormwater

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System ("NPDES") as part of the 1972 Clean Water Act. Yet, confusion remains and disputes continue about which activities and...more

USGS Tool Could Predict, Prevent Wetlands Contamination By Sub-Surface Wastewater

While advances in hydraulic fracturing technology have resulted in an oil and gas boom in North Dakota and other parts of the U.S., the industry, federal and state regulators, and local communities have also had to contend...more

New Permit Requires Disclosure of Hydraulic Fracturing Fluids For Offshore Oil and Gas Operations in Southern California

On January 9, 2014, the U.S. Environmental Protection Agency (EPA), Region 9, announced that it will require oil and gas operators engaged in hydraulic fracturing off the southern California coast to disclose any chemicals...more

What You Need To Know About EPA’s New Stormwater Permit

In late September, just before the government shutdown, EPA released its draft “Multi-Sector General Permit” (MSGP) for stormwater discharges from industrial sources. The MSGP is important for two reasons. First, it is the...more

More on the Permit Shield Defense: A Permittee Is — Gasp — Entitled to Rely on Regulations and Permits Issued by Delegated State...

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the nature of its discharge. Now we see the flip side. In Wisconsin Resources...more

EPA Enters into the 21st Century with New Clean Water Act Reporting Requirements

Clean Water Act Discharge Permits to go Electronic - Since the National Pollution Discharge Elimination System (NPDES) permit requirements were first adopted by EPA back in 1972, the program has undergone significant...more

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

City of Seattle and King County Agree to Major Upgrades to Settle Discharge Violations

To settle an enforcement action by the U.S. Environmental Protection Agency (“EPA”) and the State of Washington (“State”), King County and the City of Seattle have agreed to complete major upgrades to their local sewage and...more

Coming to a Steam Electric Generating Plant Near You in May 2014 — New Effluent Limitation Guidelines

Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating industry, last revised in 1982. The proposal was in conformance with a...more

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