Industrial Discharges

News & Analysis as of

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

Emerging Trends in Tort Litigation Alleging Health Injuries Caused by Neighboring Oil and Gas Activities

Last year's $2.9 million verdict in Parr v. Aruba Petroleum, the so-called "first fracking trial," garnered attention in Texas and beyond. The significance laid not only in that the plaintiffs had succeeded on their private...more

Court Holds Company Was Penalized Twice for Same Violation

The North Carolina Court of Appeals recently issued an opinion that should help clear up this question: When violations of water quality standards occur because of an unauthorized discharge, may penalties be imposed for both...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

Change Management for the Industrial Wastewater Discharger

Facilities discharging industrial wastewater to Publicly Owned Treatment Works (POTWs) must be keenly sensitive to changes in the nature and volume of their discharge. Proper planning, notification and interaction with the...more

How to Speak Storm Water in 2015: Terminology from the New Industrial General Storm Water Permit

As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes...more

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the...more

Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy. First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is projected to put even more...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

Those Dam Polluters!

The Columbia and Snake River federal network of dams, and the abundance of low cost electricity it produces, has long been the cornerstone of the Pacific Northwest manufacturing economy....more

Water Quality Law Alert: CA State Water Control Board Opens Public Comment on "Final Draft" of Long-Anticipated Industrial Storm...

As previously reported by my colleague Melissa Foster, on July 19, 2013, the State Water Board published the "Final Draft" of the NPDES Industrial Storm Water General Permit, which is intended to replace the previous version...more

EPA Pushes Back On Stormwater Discharges From Logging Roads

I previously wrote about the Ninth Circuit decision in Northwest Environmental Defense Center v. Brown (NEDC), 640 F.3d 1063 (9th Cir. 2011) where the court overturned EPA's Silviculture Rule and said that where stormwater...more

Doing Business in Canada: Environmental Law

Companies doing business in Canada should identify and manage the risks associated with legal liability for harm that has been (or may be) caused to the environment. Environmental legislation (statutes and regulations) in...more

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