November was an eventful month for the Clean Water Act (CWA). The Ninth Circuit Court of Appeals issued two decisions last month—which will apply to cases and matters in California and other states within the Ninth...more
The United States Environmental Protection Agency (“EPA”) announced a pre-Federal Register Notice for a proposed rule addressing Clean Water Act effluent limit guidelines for the Meat and Poultry Products (“MPP”) industrial...more
This week, the U.S. Environmental Protection Agency issued guidance advising states how to use National Pollution Discharge Elimination System (NPDES) permit requirements to restrict the discharge of per- and polyfluoroalkyl...more
Maui has finally made its way to Colorado. In what appears to be the first application of County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020) in the state, the District of Colorado recently held that certain...more
The United States Department of Justice (“DOJ”) issued a January 14th news release stating that Robert J. Massey of Brighton, Michigan pleaded guilty before a United States District Court in the Eastern District of Michigan...more
In January 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (USACE) finalized a regulation that narrowed the scope of their regulatory jurisdiction under the Clean Water Act. In doing so,...more
The City of Little Rock, Arkansas (“Little Rock”) filed a January 16th Request for Commission Review and Adjudicatory Hearing (“Request”) before the Arkansas Pollution Control and Ecology Commission (“Commission”) challenging...more
California regulates storm water discharges from industrial facilities under the federal Clean Water Act through its Industrial General Storm Water Permit (IGP). A facility obtains coverage by filing notice of its intent to...more
Last fall, the California Legislature enacted Senate Bill 205 in an effort to more effectively control stormwater pollution from regulated industrial companies. Effective January 1, 2020, an industrial company will not be...more
On June 3, 2019, the United States lodged a proposed Consent Decree under the Clean Water Act and the Oil Pollution Act that would resolve a suite of natural resource damages (NRD) claims by federal, state, and tribal...more
The White House issued an Executive Order titled: Executive Order on Promoting Energy Infrastructure and Economic Growth (“EO”) - Section 3 of the EO addresses Section 401 Clean Water Act certifications....more
Environmental groups have obtained a favorable Clean Water Act (“CWA”) ruling from the U.S. District Court for the Central District of California, which can be viewed as an expansion of jurisdiction for stormwater permitting...more
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
Mitchell Williams Law Firm Attorney Allan Gates will undertake a presentation on February 22nd as part of the Beaver Watershed Alliance (“BWA”) Speaker Series titled: Nutrient Trading and Act 335 ...more
The environmental consulting firm Harbor will be holding its annual Industrial Stormwater and Clean Water Act Spill Control and Countermeasure (“SPCC”) Compliance Training Seminar (“Seminar”) on January 23rd....more
The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) to authorize discharge of dredged or fill materials to waters of the U.S. (WOUS) that require Department of the Army permits under Section 404 of the...more
EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more
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
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
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
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
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