Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more
EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more
The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more
Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more
Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more
An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more
Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,...more
The United States Environmental Protection Agency (“EPA”) issued a May 21st news release stating it had entered into a settlement with Navisun, LLC (“Navisun”). Navisun is described as a solar energy company based in...more
As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more
Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more
The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a February 27th report titled: Perspectives on Capacity: Managing Drinking Water State Revolving Fund Infrastructure...more
The United States Environmental Protection Agency (“EPA”) issued a February 22nd news release stating it is providing $53,099,000 to Arkansas for its Clean and Drinking Water State Revolving Funds (collectively, “SRF”). ...more
The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more
The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more
MS4 Operators are required to develop stormwater management programs aimed at reducing the discharge of pollutants affecting water quality under the final SPDES General Permit issued by the New York State Department of...more
The Massachusetts Port Authority (“Authority”) filed a September 20th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of...more
The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more
Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more
The Ohio EPA has adopted and submitted to US EPA for approval the Maumee Watershed Nutrient Total Maximum Daily Load (TMDL) to address impairments to drinking water, aquatic life and recreational uses in shoreline and open...more
This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more
While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas....more
North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more