Permits, Clean Water Act | JD Supra Law News

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

by Marc Bruner, Edgar Washburn | Perkins Coie on 5/1/2013

In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

by Denise Pettijohn, Christopher "Kip" B. Power, Robert Stonestreet | Dinsmore & Shohl LLP on 4/29/2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

by Mary Lynn Coffee, George Mannina, Paul Weiland | Nossaman LLP on 4/26/2013

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

California Environmental Law and Policy Update - April 11, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 4/16/2013

Environmental and Policy Focus - ..Court rules CEQA streamlining provision unconstitutional: CourtHouse News - Apr 3 - A section of a California law aimed at streamlining construction projects by moving...more

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

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

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 Issues 2013 Vessel General Permit

by Christine Jochim Boote, Barry Hartman, Stefanos Roulakis | K&L Gates LLP on 4/2/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

Logging Roads Get A Pass – At Least For Now

by David Ubaldi | Davis Wright Tremaine LLP on 3/22/2013

Yesterday, in a 7-1 decision with Justice Scalia the lone dissenter, the U.S. Supreme Court handed a major victory to the forest products industry. As it does so often, the Court reversed a Ninth Circuit ruling that had...more

US District Court for the Middle District of Pennsylvania Enjoins PA Environmental Hearing Board From Hearing Appeal of...

by Jennifer Beidel, John Stoviak, Elizabeth Witmer | Saul Ewing LLP on 2/8/2013

In Tennessee Gas Pipeline Co., L.L.C. v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (Feb. 5, 2013), Judge Robert D. Mariani issued an opinion granting an injunction sought by Tennessee Gas Pipeline Company, L.L.C....more

When Do Air Emissions Constitute a Discharge to Waters of the United States? Any Time the Emissions Reach Waters of the United...

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 2/4/2013

In a fascinating post today, my colleague from the American College of Environmental Lawyers, Patricia Finn Braddock, reported on a case at the intersection of the Clean Water Act and the Clean Air Act that could have...more

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 1/29/2013

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

U.S. Supreme Court Overturns Effort To Hold Stormwater Permit Holder Liable For Condition Of Waters Passing Through

by Ronald Farley | Burr & Forman on 1/25/2013

The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their...more

Federal Judge Dismisses Atlantic Salmon ESA, CWA Claims Involving Maine Dams

by John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 1/22/2013

On Monday, January 14, U.S. District Court Judge George Singal dismissed Endangered Species Act (ESA) and Clean Water Act (CWA) claims against several dam owners and operators located along the Kennebec and Androscoggin...more

Flood Control District Wins Dispute Over Discharge Of Storm Water That Flows Through Improved Portions Of Navigable Waterways

by Janet Goldsmith, Jeffrey L. Massey, Eric Robinson | Kronick, Moskovitz, Tiedemann & Girard on 1/21/2013

In its most recent foray into the meaning of the Clean Water Act, the Supreme Court has answered the fundamental question: “Does a ‘discharge of pollutants’ occur when polluted water flows from one portion of a river that is...more

U.S. Supreme Court Issues Clean Water Act Opinion

by Scott Hitch | Burr & Forman on 1/21/2013

On January 8, 2013, the U.S. Supreme Court, in a unanimous decision reversing the Ninth Circuit Court of appeals, held that “the flow of water from an improved portion of a navigable waterway into an unimproved portion of the...more

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

by Timothy J. Lundgren | Varnum LLP on 1/16/2013

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

California Environmental Law and Policy Update - January 10, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 1/11/2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

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

by James Rusk | Sheppard Mullin Richter & Hampton LLP on 1/11/2013

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...

by Amy L. Edwards, Jerrold Ganzfried, Lawrence R. Liebesman | Holland & Knight LLP on 1/11/2013

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

by Lisa Doehl, Richard Glick | Davis Wright Tremaine LLP on 1/10/2013

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

Supreme Court Reverses Ninth Circuit: Absent a "Discharge of a Pollutant" Receiving Water Exceedances are not a Violation of Clean...

by Mary Lynn Coffee, David Miller | Nossaman LLP on 1/9/2013

On January 8, 2013, the United States Supreme Court reversed the Ninth Circuit Court of Appeals, which had found that the owner and operator of a storm drain system and permittee under a federal Clean Water Act (CWA) Section...more

Michigan Farmers Concerned About Wetland Use Permit Changes

by Aaron M. Phelps | Varnum LLP on 12/21/2012

Michigan farmers have been exempt from seeking permits for various activities since the 1980s, including performing drain maintenance within a private agricultural drain. They have also been allowed to "construct new...more

State Water Board Considering Revision of Receiving Water Limitations in Municipal Storm Water Permits

by Wendy L. Manley | Wendel, Rosen, Black & Dean LLP on 12/4/2012

On November 20, the State Water Board held a workshop to hear stakeholder concerns with the current receiving water limitation (“RWL”) in municipal storm water permits. Municipal separate store sewer system (MS4) permittees...more

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Permits › Clean Water Act