News & Analysis as of

Do You Need To Permit Your Stormwater Discharge?

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System (NPDES) in the 1972 Clean Water Act. Yet, confusion remains about which activities and discharges actually require...more

Low Impact Development’s Supersized Stamp on California Storm Water Regulation

Without much fanfare, low impact development (“LID”) practices have become a dominant trend in federal and California storm water regulation. The California State Water Resources Control Board (“State Board”) and the Regional...more

More on the Permit Shield Defense: A Permittee Is — Gasp — Entitled to Rely on Regulations and Permits Issued by Delegated State...

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the nature of its discharge. Now we see the flip side. In Wisconsin Resources...more

EPA Enters into the 21st Century with New Clean Water Act Reporting Requirements

Clean Water Act Discharge Permits to go Electronic - Since the National Pollution Discharge Elimination System (NPDES) permit requirements were first adopted by EPA back in 1972, the program has undergone significant...more

What Is the Burden In Proving a Violation of a Stormwater Permit? If It Walks Like a Stormwater Discharge …

Those of us who do NPDES work know that enforcement, including citizen enforcement, against industrial point sources can often be all to straightforward. The plaintiff marches into court with a pile of the defendant’s...more

California State Water Board Issues New Draft Industrial Storm Water Permit

On July 19, 2013, the California State Water Resources Control Board released its long-awaited 2013 Draft NPDES Permit for the Discharge of Storm Water Associated With Industrial Activities (the "Draft Industrial General...more

State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit

On Friday, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

EPA Finalizes Vessel General Permit

On March 28, 2013, the United States Environmental Protection Agency (EPA) issued a final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel...more

Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits

In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s (“EPA”) long-standing interpretation that stormwater run-off from logging roads are exempt from NPDES...more

Stormwater Permitting For Tennessee Projects

In Tennessee, permits under the state’s National Pollutant Discharge Elimination System program are required for construction sites and related support activities to avoid pollution from stormwater runoff. Specifically, a...more

Supreme Court Offers Comfort To Owners Of Dams And Water Control Facilities

In a ruling that has important implications for the hydropower industry, municipal water control systems, and dam owners everywhere, the U.S. Supreme Court strongly affirmed an earlier holding that a "discharge of a...more

Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation,...more

U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water...

On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure...more

Supreme Court Decision Good News for Dam Owners

On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more

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