Storm Water Clean Water Act

News & Analysis as of

EPA Decides No Additional Regulations Are Needed to Address Stormwater Discharges from Forest Roads Under the Clean Water Act

The Environmental Protection Agency (EPA) has determined that, at this time, no additional regulations are needed to address stormwater discharges from forest roads under Section 402(p)(6) of the Clean Water Act (CWA). The...more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

In the Heart of the Rainy Season: The New (Stayed) Clean Water Rule Covers Vernal Pools in California

After years of drought, the El Niño storms have been bringing much-needed rain and snow to California–albeit in quantities significantly less than we hoped for thus far. In addition to the anticipated snow packs, flowing...more

Revised Permits for Small Municipal Stormwater Systems – Coming Soon to Massachusetts; New Hampshire Next in Line, with Maine Not...

Massachusetts - The U.S. Environmental Protection Agency (EPA), Region 1, recently announced that in the next few weeks it will finalize a revised general permit for small municipal stormwater sewer systems (“MS4s”) in...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

EPA Enforcement Initiative

EPA is currently pursuing six National Enforcement Initiatives. One of these initiatives is entitled, “Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation’s Waters.” Over the past three years, civil penalties...more

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

Community-Based P3 Programs for Integrated Green Stormwater Infrastructure

Partnerships between the public and private sector can help improve and sustain the ability of local governments to design, construct, finance, operate and maintain various infrastructure. ...more

Beveridge & Diamond Secures Major Clean Water Act Ruling in U.S. Court of Appeals for Seventh Circuit

On July 9, 2015, Beveridge & Diamond secured a unanimous published opinion from the U.S. Court of Appeals for the Seventh Circuit rejecting a citizen suit challenge under the Clean Water Act. Beveridge & Diamond represented...more

Court Of Appeals Upholds General Permit Procedures For Storm Water Discharge

The New York State Court of Appeals, in Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation , recently rejected a challenge to the general permit procedures adopted by New York...more

Storm Water Update

We recently informed our clients that there has been an apparent uptick in recent months of citizens suits against storm water permittees for alleged storm water violations under the Clean Water Act. According to a recent...more

Beware of Citizen Suits for Storm Water Violations

In recent months several private organizations have sent letters to California businesses informing them that they are in violation of their storm water permits and threatening to sue them under the citizen suit provision 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

How to Speak Storm Water in 2015: Terminology from the New Industrial General Storm Water Permit

As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes...more

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

What’s It All About?

There are many lessons that one could take from the outcome of the seven year (and counting) litigation involving environmental groups and the operators of the Los Angeles County stormwater system. Certainly one lesson is to...more

EPA’s Residual Permitting Authority

Continuing on the stormwater theme I began in my last post, the next topic I intend to cover is EPA’s so-called “residual” authority under the Clean Water Act. The statute specifically requires stormwater permits for...more

Flood Of Decisions Washes Away EPA Permits On Stormwater

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System ("NPDES") as part of the 1972 Clean Water Act. Yet, confusion remains and disputes continue about which activities and...more

State Water Board to Adopt Revised Industrial Storm Water Permit on April 1, 2014

The California State Water Resources Control Board (State Board) recently notified the public that it will consider for adoption the final draft of the general NPDES permit that regulates storm water discharges associated...more

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more

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

Federal Court Upholds the Final TMDL for the Chesapeake Bay in Important Decision Involving Cooperative Federalism

In a case of first impression, the United States District Court for the Middle District of Pennsylvania upheld the EPA's authority to establish a final total maximum daily load (TMDL) for the Chesapeake Bay Watershed that...more

Ninth Circuit’s Fanciful Interpretation of the Clean Water Act Ripe for another Reversal?

Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....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

Ninth Circuit Reverses Prior Ruling: Pollution Levels In Monitoring Data Are Sufficient To Hold County Liable For Storm Water...

Urban storm water runoff has been recognized as one of the most significant sources of water pollution in the country. ...more

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