News & Analysis as of

Storm Water

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

by Sullivan & Worcester on

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System...more

Sustainable Development Update - July 2017 #4

by Allen Matkins on

Sustainable Development Focus - Commercial office space green building on rise - Proud Green Building - Jul 21 - Green building in commercial office space continues to grow, according to a new CBRE study. The...more

James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference

by Downey Brand LLP on

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is...more

Limited Time Remaining To Help Shape Maryland's Nutrient Trading Program

by Ballard Spahr LLP on

There are only a few weeks left for the public to comment on the Maryland Department of the Environment’s (MDE) recently issued draft regulations establishing Maryland’s Water Quality Nutrient and Sediment Trading and Offset...more

News From Second & State

Weekly Wrap - As we close out week two of “budget month,” there’s not a whole lot to report on that front. After the Governor signed the long awaited pension reform bill on Monday, House Majority Leader Dave Reed...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

PA EHB Says PADEP Suggested Penalty Amount Is “Merely Advisory”

by Fox Rothschild LLP on

When a developer receives a Notice of Violation (NOV) from PADEP for noncompliance with the Clean Streams Law — most typically involving alleged violations of an NPDES storm water construction permit — that NOV sometimes...more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

News from Second and State

Weekly Wrap - All was quiet on the Capitol front this week with neither the House of Representatives nor the Senate in Harrisburg for session. However, things will get busier for the General Assembly as we move into May...more

A potpourri of Northern California news, including the latest on Lake Oroville

by Downey Brand LLP on

Good day! Today we feature a series of little squibs of what has been happening in the past two weeks. All of the information below is confirmed, and all of it is notated with additional context. But we did want to share with...more

OMB Signs Off on U.S. EPA’s 2017 Construction Stormwater Permit

by Beveridge & Diamond PC on

Spared by the Office of Management and Budget from the Trump Administration’s regulatory freeze, the U.S. Environmental Protection Agency’s (EPA) 2017 National Pollutant Discharge Elimination System General Permit for...more

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

Sustainable Development Update - March 2017 #3

by Allen Matkins on

Sustainable Development Focus - When it rains, Los Angeles sends billions of gallons of 'free liquid gold' down the drain - Los Angeles Times - Mar 8 - As the Los Angeles region strives to cut its...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES B.

by Field Law on

B. The wording “as a result of a peril insured against” in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code)...more

California’s Storms Are Not California Dreaming

- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

[Webinar] Come Rain or Come Shine, Conservation is a California Way of Life - February 23rd, 1:00pm PST

by Nossaman LLP on

Join Nossaman attorneys for a timely discussion of the impacts of record-setting winter storms on the statewide drought emergency and on the push to make conservation a “California Way of Life.” This webinar for CLE credit*...more

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction...more

RI Federal Court Sides With EPA On Stormwater Permitting Requirements

A federal court in Rhode Island recently held for the EPA on the scope of its non-discretionary duties regarding stormwater discharges. The case arises out of the EPA’s failure to (i) notify certain commercial and industrial...more

EPA Publishes Proposed Benchmarks for Revised District of Columbia MS4 Permit

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) published on Nov. 17, 2016, a Notice of Intent to Reissue the District of Columbia's municipal separate storm sewer system (MS4) permit. The notice triggers a 45-day public...more

Maine DEP's New Multi-Sector General Permit

by Pierce Atwood LLP on

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

CWA: EPA Settlement Telegraphs Changes to General Permit Coverage for Facilities with Coal Tar Sealed Pavement

by Bergeson & Campbell, P.C. on

On August 16, 2016, the U.S. Environmental Protection Agency (EPA) reached a settlement in Clean Water Act (CWA) lawsuits filed over its 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial...more

California Environmental Law & Policy Update - August 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

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