A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more
The Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of its draft 2024 version of the PAG-02 NPDES general permit for stormwater discharges associated with construction...more
In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...more
With recent changes to stormwater permitting in Virginia, the legal and practical implications of those changes need to be examined. Alex Turner, a member of the Virginia Bar and Spilman Thomas & Battle, PLLC’s Construction...more
Virginia’s construction stormwater discharge permit program continues to evolve on various fronts, including program implementation guidance. Indeed, stormwater regulatory stakeholders have much to digest from recent activity...more
Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more
These recent civil penalties are generally much larger than what dischargers have faced in the past. Moreover, Regional Board inspectors have started taking much more aggressive positions with respect to compliance...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Moses Plumbing, LLC (“Moses”) entered into a January 11th Consent Administrative Order (“CAO”) addressing alleged violations of...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Little Bluff, LLC, (“Little Bluff”) entered into a May 4th Agreed Order (“AO”) addressing an alleged failure to obtain a storm water permit. See Order No. 7037...more
As the construction industry prepares to reopen, contractors are making detailed plans to comply with state and municipal safety requirements related to the coronavirus (COVID-19) pandemic. Among the plans that needs careful...more
On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity...more
This summer brought typical thunderstorms, but it also brought a shower of new and changed requirements for construction activities as part of the recently renewed regulation for the General VPDES Permit for Discharges of...more
The West Virginia Department of Environmental Protection is proposing to modify the General WV/National Pollutant Discharge Elimination System (NPDES) Water Pollution Control Permit for Stormwater Associated with Construction...more
The Alabama Department of Environmental Management (“ADEM”) and Hill Brothers Construction (“HBC”) entered into a January 29th Special Order by Consent (“Order”) regarding alleged violations of a National Pollution Discharge...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Blue Springs Holding Company, LLC (“BSHC”) entered into a December 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more
The United States Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a citizen suit enforcement action on May 7, 2018 to enjoin the construction of a funeral home and mortuary in Howard County,...more
On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). ...more
As a reminder, the State of Texas’s new stormwater construction general permit is now in effect. The Texas Commission on Environmental Quality’s (TCEQ) has renewed its General Permit to Discharge under the Texas Pollutant...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Tri.Con.Builders, Inc. (“TCBI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of a National Pollution Discharge...more
Developers and builders face potentially more stringent requirements under the U.S. Environmental Protection Agency's (EPA) recently proposed draft National Pollutant Discharge Elimination System (NPDES) general permit for...more
NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more
In a long-anticipated decision, the Illinois Supreme Court ruled on September 24, 2015, that school districts are subject to municipal zoning and land use regulations. The decision in Gurba v. Community High School District...more