News & Analysis as of

Wastewater Permits

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Greenbriar Rock...

Part III Section D, Condition 10 of the RGI NPDES permit requires the submission of a complete permit renewal application at least 180 days prior to the expiration date of the permit if the activity regulated by the permit is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nitrogen/Phosphorus: EarthJustice Administrative Challenge to West Point Wastewater Treatment Plant (Washington) NPDES Permit...

EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Banks Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Morrilton...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Morrilton, Arkansas, (“Morrilton”) entered into a December 12th Consent Administrative Order (“CAO”) addressing an...more

Oliva Gibbs LLP

Drilling Restrictions in the Permian? Maybe So!

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The City of Midland sought permission from the Railroad Commission of Texas (RCC) to challenge drilling permits in the Permian. The issue is not related to drilling oil, but rather, the disposal of wastewater from oil and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Lexa Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Lexa, Arkansas, (“Lexa”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air/Wastewater Enforcement: U.S. Department of Justice/New York and Delaware County Protein Powder Manufacturer Enter into Consent...

The United States Department of Justice (“DOJ”), State of New York and Frieslandcampina Ingredients (“FI”) entered into an August 2nd Consent Decree (“CD”) addressing alleged violations of federal and New York air and water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Request for Hearing/Adjudicatory Review...

Three Requests for Hearing and Adjudicatory Review (“Requests”) have been filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

Nossaman LLP

Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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In the unpublished decision Los Angeles Waterkeeper v. State Water Resources Control Board, the Second District of the California Court of Appeal considered whether the State and Regional Water Boards have an obligation under...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Hardy Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

94th Arkansas General Assembly/Environmental Licensing/Permitting Fees: Legislation Introduced Proposing Amendments

Senator Irvin introduced Senate Bill 288 which would make certain revisions to sections of the Arkansas statute addressing environmental licensing and permitting fees. The legislation also amends the statutory provision...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Booneville Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and City of Booneville, Mississippi, (“Booneville”) entered into a February 7th Agreed Order (“AO”) addressing an alleged violation of a Clean Water Act National...more

Harris Beach PLLC

EPA’s Latest PFAS Guidance Signals Source-based Permitting and Monitoring Strategy

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The Environmental Protection Agency (EPA) recently signaled a path forward on its roadmap to address PFAS contamination, something industry, water suppliers, and wastewater treatment operators, to name a few, have been...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Parkin Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Parkin, Arkansas, entered into an October 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and the City of Wilmot...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Wilmot, Arkansas, (“Wilmot”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater/Air Enforcement: Louisiana Department of Environmental Quality and Denham Springs Ready-Mixed Concrete Facility Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Angelle Concrete Group, LLC (“ACG”) entered into a Settlement Agreement (“Settlement”) addressing alleged wastewater and air permit violations. See Settlement...more

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