NPDES Clean Water Act

News & Analysis as of

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

Better Late Than Never: Massachusetts Moves to Obtain NPDES Delegation

Like most federal environmental programs, NPDES program authority is largely delegated to the states. Only four states aren’t delegated: Idaho, Massachusetts, New Hampshire, and New Mexico. How is it that progressive...more

EPA Issues Updated Recommended Water Quality Criteria for Cadmium

On April 4, 2016, the U.S. Environmental Protection Agency (EPA) published its updated Recommended Aquatic Life Ambient Water Quality Criteria for Cadmium -- 2016 under Section 304(a) of the Clean Water Act (CWA). 81 Fed....more

Massachusetts Considering Taking Control of Clean Water Permitting

Summary: Massachusetts Governor Charlie Baker’s administration is considering a move that would place Clean Water Act permitting in the hands of the Massachusetts Department of Environmental Protection (MassDEP)....more

Regulators and Environmental Groups Differ on How to Address Stormwater Contribution to Algae Blooms in the Charles River

The battle over phosphorous in the Charles River and its resultant toxic algae blooms is heating up again, with EPA finalizing its MS4 permit targeting municipalities and their stormwater runoff into the river and...more

Food-Processing Sector May Be U.S. EPA’s Next Enforcement Target

Every three years, the United States Environmental Protection Agency (EPA) sets national enforcement initiatives to focus its civil and criminal enforcement resources on specific environmental issues. On September 15, 2015,...more

2016 Water Outlook

There are several significant regulatory and legal actions involving water issues that are expected to unfold in 2016. Each has the potential to significantly impact the regulated community and all bear watching in 2016. ...more

2015 U.S. Environmental Federal Regulatory Recap

Listed below are the names of key regulations, acts, and legislation that have been enacted, proposed, updated and passed in 2015 at the federal level. Topics covered include air, chemicals, enforcement, underground storage...more

Stormwater Permits Are Not One Size Fits All

It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U.S. District Court Judge John C. Coughenour in the Western District of Washington provides useful...more

EPA Issues Stringent Effluent Limitation Guidelines for Steam Electric Power Plants

The final rule, touted by EPA as eliminating environmental impacts and cancer risks, substantively changes longstanding regulations regarding steam electric power plants. On September 30, the US Environmental Protection...more

EPA Releases Final Clean Water Act Electronic Reporting Rule

The U.S. Environmental Protection Agency last week finalized its rule to “modernize” Clean Water Act (CWA) regulatory reporting requirements for municipalities, industries, and other facilities....more

EPA's NPDES Electronic Reporting Rule: A Step Toward A Next Generation Compliance Strategy

The final rule strives to take advantage of information technology, allowing resources to be used more efficiently and effectively, and giving the EPA, states and the public better access to key data. Implementation will...more

Pesticide Bill Would Eliminate Duplicative Permitting

In 2009, a federal court ruling required pesticide users to now apply for a National Pollutant Discharge Elimination System (NPDES) permit, under the Clean Water Act (CWA), if chemicals were sprayed over, near or into a body...more

Ninth Circuit Holds no NPDES Permit Required for Klamath Straits Drain

In ONRC Action v. U.S. Bureau of Reclamation, the United States Court of Appeals for the Ninth Circuit held that the Bureau of Reclamation was not required to secure a National Pollutant Discharge Elimination System ("NPDES")...more

The Ninth Circuit Holds Transfer of Water in Klamath River Basin Does Not Require Clean Water Act NPDES Permit

On August 21, 2015, the Ninth Circuit Court of Appeals affirmed an Oregon district court’s ruling that a Clean Water Act National Pollutant Discharge Elimination System permit is not required for the discharge of water from...more

Eastern District of North Carolina Dismisses Challenge to State Clean Water Permitting Decision

On July 30, the United States District Court for the Eastern District of North Carolina decided Rose Acre Farms, Inc. v. North Carolina Department of Environment and Natural Resources, No. 14-cv-147, 2015 WL 4603950. The...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2015

EPA Seeks Comment On Series 810 Test Guidelines: On June 17, 2015, the U.S. Environmental Protection Agency (EPA) announced the availability for comment of several Series 810, non-binding, draft test guidelines developed by...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

EPA’s 2015 General Permit for Industrial Stormwater Carries New Risks for Industry

In a controversial change, the 2015 version of the Environmental Protection Agency (EPA) general permit for industrial stormwater discharges (known as the Multi-Sector General Permit, or MSGP) expressly prohibits the...more

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To...

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water...more

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers, and Other Recent CWA...

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers: On March 3, 2015, West Virginia's entire House of Representatives delegation re-introduced a bill that is intended "to stop...more

The Sixth Circuit Extends the Clean Water Act’s Permit Shield Defense to General Permit Holders

The Sixth Circuit recently ruled that facilities holding a Clean Water Act (“CWA”) Section 402 general permit – one of two types of National Pollutant Discharge Elimination System (“NPDES”) permits – may avail themselves of...more

Clean Water Environmental Issues for 2015

There are a handful of legal and regulatory issues on the horizon in 2015 that are worth watching. Some of these issues, like the U.S. Environmental Protection Agency’s (EPA’s) Cooling Water Rule and the U.S. Army Corps of...more

EPA Seeks Additional Comment on NPDES Electronic Reporting Rule, and Other Recent CWA Developments

EPA Seeks Additional Comment On NPDES Electronic Reporting Rule: On December 1, 2014, the U.S. Environmental Protection Agency (EPA) requested additional comment on the proposed National Pollutant Discharge Elimination System...more

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