News & Analysis as of

Municipalities Clean Water Act

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Keo Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Keo, Arkansas, (“Keo”) entered into a February 10th Consent Administrative Order (“CAO”) addressing an alleged...more

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

MS4/NPDES Permit: City of Little Rock Request for Commission Review and Adjudicatory Hearing

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

Williams Mullen

The Emergence of PFAS Related Lawsuits Against Wastewater Treatment Plants

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On behalf of Haw River Assembly, the Southern Environmental Law Center recently served a Notice of Intent to Sue (“Notice”) on the City of Burlington, North Carolina.  Copies of the Notice were delivered to EPA and the North...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

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

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Downey Brand LLP

U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and...

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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

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Brownstein Hyatt Farber Schreck

Ninth Circuit Holds Wastewater Discharge to Groundwater Requires Clean Water Act Permit in Hawai’i Wildlife Fund v. County of Maui

On Feb. 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a highly anticipated decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018). At issue was whether the County of Maui...more

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

Beaver Watershed Alliance Speaker Series: Allan Gates (Mitchell Williams) February 22nd Nutrient Trading Presentation

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

Best Best & Krieger LLP

California Must Pick Up Stormwater Check

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Local public agencies realized an important victory in a more-than-decade-long, who-should-foot-the-stormwater-bill battle — a battle focused on a permit issued by the Los Angeles Regional Water Quality Control Board to the...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Nossaman LLP

Feinstein Introduces the California Emergency Drought Relief Act

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Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

K&L Gates LLP

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

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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

Brownstein Hyatt Farber Schreck

Victory in Clean Water Act Case Saves Community’s Water Supply

Brownstein Hyatt Farber Schreck secured a decision in the federal court for the District of Colorado precluding third parties from closing a Bureau of Land Management (“BLM”) well that supplies water for Brownstein’s client,...more

McNees Wallace & Nurick LLC

Regional Stormwater Systems: How Should They Be Structured and Financed?

In the world of water and sewage, there are three general types of systems: A "water system" is for drinking water. Raw water is taken from a collection point (for example, a river, a lake or an underground aquifer)...more

Latham & Watkins LLP

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

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Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

Perkins Coie

Ninth Circuit Reverses Prior Ruling: Pollution Levels In Monitoring Data Are Sufficient To Hold County Liable For Storm Water...

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Urban storm water runoff has been recognized as one of the most significant sources of water pollution in the country. ...more

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