News & Analysis as of

Water Quality

Greenbaum, Rowe, Smith & Davis LLP

Proposed Amendments to Ground Water Quality Standards Could Significantly Impact Ongoing Remediation Projects in New Jersey

The New Jersey Department of Environmental Protection (NJDEP) published proposed amendments to the Ground Water Quality Standards (GWQS) on January 2, 2024. The rulemaking process is currently underway, and the new standards...more

Beveridge & Diamond PC

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

Burns & Levinson LLP

MassDEP Proposes New Coastal Floodplain Standards to Improve Climate Resiliency

Burns & Levinson LLP on

There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more

Saul Ewing LLP

NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

Saul Ewing LLP on

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality...more

Lowenstein Sandler LLP

New Year, (Likely) New Remediation Standards–NJDEP Kicks Off 2024 With Proposed Ground Water Quality Standards

On Jan. 2, the New Jersey Department of Environmental Protection (NJDEP) rang in the new year by publishing a Proposed Rule updating the Ground Water Quality Standards (GWQS) for 65 of the 73 constituents currently regulated...more

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

Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Countryside Land & Cattle Co., LLC (“Countryside”) entered into a November 21st Consent Administrative Order (“CAO”) addressing...more

Nossaman LLP

EPA’s Final Clean Water Act 401 Rule, Reinstating 1971 Approach, Already Under Fire

Nossaman LLP on

On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more

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

Section 401/Clean Water Act: Arkansas Attorney General and 10 Other States Challenge U.S. Environmental Protection Agency...

Arkansas Attorney General Tim Griffin and 10 other states filed in the United States District Court for the Western District of Louisiana (“Court”) a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the...more

Cozen O'Connor

The State AG Report – 12.7.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AGs in Solar-darity in Fight Against Allegedly Deceptive...more

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Hogan Lovells

Publica CONAGUA Proyecto de NOM para Regular Pozos de Extracción de Agua

Hogan Lovells on

La Comisión Nacional del Agua (la “CONAGUA”) publicó un Proyecto de nueva Norma Oficial Mexicana, a fin de aumentar la eficacia en la prevención de la contaminación de los acuíferos y conservar la calidad y cantidad del agua....more

Downey Brand LLP

USEPA’s New Clean Water Act Section 401 Water Quality Certification Rule Becomes Effective November 27, 2023

Downey Brand LLP on

On September 27, 2023, the United States Environmental Protection Agency (USEPA) published its final 2023 Clean Water Act (“CWA”) Section 401 Water Quality Certification Improvement Rule (2023 Rule), which goes into effect on...more

Allen Matkins

California Environmental Law & Policy Update 10.27.23

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Monday proposed banning the cancer-causing chemical trichloroethylene (TCE), which can be found in consumer products including automobile brake cleaners, furniture care, and...more

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

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

Williams Mullen

North Carolina’s Wetlands Saga is Over (for now)

Williams Mullen on

As a result of the North Carolina Farm Act of 2023 (Session Law 2023-63), North Carolina’s Department of Environmental Quality (NCDEQ or the Department) may now only regulate wetlands that are subject to federal Clean Water...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

Williams Mullen on

The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

Burns & Levinson LLP

The Basics of Stormwater Permitting in Massachusetts

Burns & Levinson LLP on

After a summer of historic rainfall and flooding in Massachusetts, stormwater is on our minds. Stormwater is a major source of water pollution in the Commonwealth, and it is crucial that owners and operators of commercial and...more

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

Economic Analysis of the New York - New Jersey Harbor Estuary: Report Calculates Economic Value of Improved Water Quality

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) announced the release of a report titled: Economic Analysis of the New York-New Jersey Harbor Estuary (“Report”) ...more

K&L Gates LLP

EPA Finalizes Section 401 Water Quality Certification Improvement Rule

K&L Gates LLP on

On 14 September 2023, the US Environmental Protection Agency (EPA) announced the release of the final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule (the Rule). The Rule restores regulatory...more

Burns & Levinson LLP

The 3M PFAS Settlement: Back on Track

Burns & Levinson LLP on

We have previously reported on the 3M $12 billion class action settlement with public water supply companies. When the settlement was first announced in June 2023, the terms came under scrutiny by various state governments...more

Beveridge & Diamond PC

The Biden Boomerang Effect Reaches Clean Water Act Section 401: EPA Reverses Trump-Era Rules that Reduced State Certification...

Beveridge & Diamond PC on

On September 15, 2023, the U.S. Environmental Protection Agency (EPA) issued its final rule governing water quality certifications under Section 401 of the Clean Water Act (CWA). Section 401 requires the applicant for a...more

Mintz

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA's new Section 401 Water...

Mintz on

EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

The United States Environmental Protection Agency (“EPA”) announced on September 14th a final rule that it denominates Clean Water Act Section 401 Water Quality Certification Improvement Rule (“Final Rule”)....more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Anticipates Significant Updates to Surface Water Quality Standards

What You Need to Know- • The NJDEP recently announced anticipated updates to New Jersey’s Surface Water Quality Standards, which are expected to have impacts on properties with NJPDES permits, laboratories, and remediation...more

Foley Hoag LLP - Environmental Law

EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral...

Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria. ...more

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