News & Analysis as of

NGOs Clean Water Act

Mintz

A Louisiana Judge may strike down another EPA Clean Water Act regulation and the Supreme Court would likely see it the same way.

Mintz on

Several “red” states and three energy industry NGOs have filed a motion for summary judgment in their Louisiana Federal Court challenge to EPA's 2023 rule regarding the state water quality certifications required under...more

Mintz

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

Mintz on

Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

Mintz

The Navy is going to get a Clean Water Act NPDES permit authorizing its firing of munitions. What's next?

Mintz on

Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the continuing use of the firing range at the Naval Surface Warfare Center Dahlgren on the...more

Mintz

These NGOs shouldn't be allowed to second guess what Congress & the President say is in our interests in the face of our climate...

Mintz on

Law 360 is reporting this morning on an NGO petition to the Army Corps of Engineers demanding that it not apply a Nationwide Permit covering the construction of "pipelines that transport water, sewage, and ‘other substances’”...more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

Goldberg Segalla on

Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

Mintz

I guess it makes sense that the Navy would need a Clean Water Act permit to fire munitions if the Forest Service needs one to...

Mintz on

Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging that the Navy's firing of munitions into the Potomac River without a NPDES permit violates...more

ArentFox Schiff

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

ArentFox Schiff on

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

Mintz

Was invoking the major questions doctrine really necessary for a 4th Circuit panel to agree fish aren't pollutants covered by the...

Mintz on

This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court of Appeals agreed with a District Court Judge that when shrimpers use nets to catch...more

Mintz

EPA made a mess exercising its Clean Water Act residual designation authority in MA. This week the Judge washed his hands of most...

Mintz on

This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more

Mintz

And then there was one -- The Judge in Texas joined the Sixth Circuit Court of Appeals in staying another challenge to EPA's "old"...

Mintz on

Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of a challenge to EPA's eighth attempt to determine the reach of the Clean Water Act. ...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

ArentFox Schiff on

Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

Mintz

This isn't an early April Fools joke -- the US Forest Service is applying for a NPDES permit so that it can keep fighting forest...

Mintz on

Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to...more

Mintz

EPA's Clean Water Act "Congressional Purpose" Chicken Roosts in South Carolina

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Law360 is reporting that a Federal District Court Judge in South Carolina is allowing NGOs, including the South Carolina Coastal Conservation League, to continue their Clean Water Act citizen suit against the Army Corps of...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

ArentFox Schiff on

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Mintz

Harassing EPA in the Courts isn't in our interests even when an NGO like CLF or the CRWA is the Plaintiff

Mintz on

While many of us were focused on the 2022 elections, the Conservation Law Foundation and the Charles River Watershed Association again sued the Environmental Protection Agency because EPA isn't regulating indirect stormwater...more

Mintz

The Maui in the Mountains Case is Over . . . For Now

Mintz on

This week a Federal Judge in Montana threw out a NGO's citizen suit against the Yellowstone Mountain Club for what the NGO claimed were unpermitted discharges of nitrogen to a Water of the United States. I wrote about this...more

Mintz

District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod

Mintz on

In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more

ArentFox Schiff

Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

ArentFox Schiff on

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

Mintz

EPA's Science Advisory Board may know a lot about hydrology but it may need a civics lesson!

Mintz on

Inside EPA's water policy maven, Lara Beaven, is reporting on the EPA's Science Advisory Board's judgment that "EPA could benefit from SAB review of the science supporting [EPA's] proposed definition of Waters of the United...more

Mintz

Misery may love company but this NGO's attempt to prove two golf courses meet the "functional equivalence" test in the same case...

Mintz on

Some of you may recall that late last year an NGO filed a lawsuit against an operator of a wastewater treatment facility in the mountains of Montana alleging that the reuse of water treated by the facility was the "functional...more

Mintz

Another "Maui" Citizen Suit in New York Continues to Meander Along in its Tenth Year

Mintz on

A Magistrate Judge and EPA continue to strongly disagree about the application of the Safe Drinking Water Act to septic systems and cesspools in New York State Parks. The Magistrate Judge has concluded, both before and after...more

Mintz

Another Maui Case in the Mountains

Mintz on

Last week another NGO filed suit against another operator of a wastewater treatment facility, this one in the mountains of Montana, complaining of "excess" nitrogen in the treated effluent from the wastewater treatment...more

Mintz

Another NGO Asks a Federal Appeals Court to Manage EPA. What's Next?

Mintz on

Inside EPA reports that a Pacific Northwest NGO has asked the Ninth Circuit Court of Appeals to order the United States Environmental Protection Agency to act on the NGO's demand that EPA revoke its delegation of Clean Water...more

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

Latham & Watkins LLP on

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

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