EPA › Storm Water

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.

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News & Analysis as of May 24, 2013

Hot Topics for Waste-to-Energy Investors and Developers

New Stormwater Fees in Maryland

by Matthew Kimball | Niles, Barton & Wilmer, LLP on 5/14/2013

During the 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which mandated that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction...

by James Potter | Nexsen Pruet, PLLC on 5/10/2013

The South Carolina Department of Health and Environmental Control (SCDHEC) has been delegated authority by the EPA to regulate stormwater discharges due to construction activities. An earlier 2006 General Permit is expiring...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

by Lawrence R. Liebesman | Holland & Knight LLP on 4/12/2013

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

EPA Revises Effluent Guidelines and Standards for Construction and Development

by Gregory Braker, Thomas Lingan, Megan Roberts-Satinsky, Margaret Strand, M. Rosewin Sweeney | Venable LLP on 4/11/2013

On April 1, 2013, the United States Environmental Protection Agency (EPA) proposed changes to the Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (the Proposed Rule)...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

No Permit Required For Timber Harvesting

by Darlene Marsh | Burr & Forman on 4/5/2013

The U. S. Supreme Court’s March 20, 2013, decision in Decker v. Northwest Environmental Defense Center is good news for the logging industry. The Clean Water Act (Act) and EPA’s Silvicultural Rule (Regulation) do not require...more

EPA Proposed Rule Withdraws Construction Stormwater Pollutant Numeric Limits

by Nossaman LLP on 4/2/2013

In a proposed rule to be published today, April 1, 2013, in the Federal Register, the United States Environmental Protection Agency will withdraw the numeric effluent limits for construction stormwater turbidity that the...more

No Permits Required for Channeled Stormwater Discharges from Logging Roads

by Victoria Hollinger | Morgan Lewis on 3/27/2013

Supreme Court ruling gives deference to EPA's interpretation of its own regulations. On March 20, the U.S. Supreme Court ruled in the consolidated cases of Decker v. Northwest Environmental Defense Center and...more

Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits

by Chris Carr, Shaye Diveley | Morrison & Foerster LLP on 3/22/2013

In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s (“EPA”) long-standing interpretation that stormwater run-off from logging roads are exempt from NPDES...more

U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff

by Robert Maynard | Perkins Coie on 3/22/2013

The U.S. Supreme Court has reversed a 2010 Ninth Circuit Court of Appeals decision and reaffirmed that a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) point source discharge permit is not...more

Logging Roads Get A Pass – At Least For Now

by David Ubaldi | Davis Wright Tremaine LLP on 3/22/2013

Yesterday, in a 7-1 decision with Justice Scalia the lone dissenter, the U.S. Supreme Court handed a major victory to the forest products industry. As it does so often, the Court reversed a Ninth Circuit ruling that had...more

EPA Agrees To Remove Controversial Turbidity Limit From Construction Stormwater Rule

by Ronald Farley | Burr & Forman on 3/1/2013

The U.S. Environmental Protection Agency recently announced that it has reached an agreement with the Wisconsin Builders Association, the National Association of Home Builders and others to settle litigation challenging...more

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 1/29/2013

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

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EPA › Storm Water

New Stormwater Fees in Maryland

Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction...

Supreme Court Willing to Reconsider Deference to Administrative Agencies

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

EPA Revises Effluent Guidelines and Standards for Construction and Development

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

No Permit Required For Timber Harvesting

EPA Proposed Rule Withdraws Construction Stormwater Pollutant Numeric Limits

No Permits Required for Channeled Stormwater Discharges from Logging Roads

Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits

U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff

Logging Roads Get A Pass – At Least For Now

EPA Agrees To Remove Controversial Turbidity Limit From Construction Stormwater Rule

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

California Environmental Law and Policy Update - January 10, 2013

EPA Formally Withdraws Numeric Turbidity Standards from Its Stormwater Rule for Construction and Development Sites

Court Holds for First Time That EPA Cannot Regulate Stormwater as a Pollutant under Clean Water Act

EPA’s Authority to Set TMDLs Is Limited: Be Careful What You Wish For

Environmental Update - Michigan Environmental News November/December 2012

California Environmental Law and Policy Update - December 12, 2012

EPA Pushes Back On Stormwater Discharges From Logging Roads

California Environmental Law and Policy Update - December 5, 2012

EPA’s New Final Rule on Logging Roads: Not So Final?

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