News & Analysis as of

Water Environmental Protection Agency (EPA) Permits

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

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

Foley & Lardner LLP

Part One – Air, Water, California Proposition 65, and Cannabis

Foley & Lardner LLP on

Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more

Foley Hoag LLP - Environmental Law

Can “Guidance” Ever Be Binding?

Last week, the 9th Circuit Court of Appeals rejected a challenge to EPA guidance that suggested a new statistical method, the Test of Significant Toxicity, for determining the toxicity of discharges subject to NPDES permits. ...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

Best Best & Krieger LLP

The EPA’s National Water Reuse Action Plan

Joint Plan Aims to Meet Rising Water Demands - A new National Water Reuse Action Plan focuses on water reuse practices aimed at strengthening water security, sustainability and resilience for both rural and urban...more

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

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

Allen Matkins

California Environmental Law & Policy Update - March 2018

Allen Matkins on

Focus - U.S. Supreme Court lets stand EPA's permit exemption for water transfers - Reuters - Feb 26 The U.S. Supreme Court on Monday unanimously declined to review a challenge led by states and environmental groups to a...more

Perkins Coie

Second Circuit Upholds EPA’s Water Transfers Rule

Perkins Coie on

The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909,...more

Clark Hill PLC

Water Permit Case Introduces Regulatory Uncertainty for Multiple Industries

Clark Hill PLC on

The 4th Circuit Court of Appeals in Richmond, VA will determine if companies discharging from industrial activities can have their state-issued permits overruled by federal courts. The case, Ohio Valley Environmental...more

Pierce Atwood LLP

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

Pierce Atwood LLP on

Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Allen Matkins

Renewable Energy Update - October 2015 #4

Allen Matkins on

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

K&L Gates LLP

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

K&L Gates LLP on

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

Perkins Coie

Draft Regulations Would Dramatically Expand Clean Water Act Jurisdiction

Perkins Coie on

The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more

Bracewell LLP

Texas Environmental Update - December 20, 2013

Bracewell LLP on

Mexican Federal Congress Approves Important Constitutional Energy Reform Bill - Energy Legal Blog, December 13, 2013 - As we previously reported, on August 12, 2013, Mexican President Enrique Peña Nieto...more

Nossaman LLP

Court Allows EPA To Stop Ongoing Projects, Years After Permits Were Granted

Nossaman LLP on

In 2007, Mingo Logan Coal Company received a Clean Water Act permit from the U.S. Army Corps of Engineers to discharge dredged or fill material from a mountain top coal mine in West Virginia into three streams. ...more

Nossaman LLP

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

Nossaman LLP on

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

Allen Matkins

California Environmental Law and Policy Update - March 7, 2013

Allen Matkins on

In This Issue: Environmental and Policy Focus - Little unity over California's cap-and-trade program; California cancels carbon permit reserve sale after no bids; Obama names McCarthy to top EPA post; Peninsula cities...more

Clark Hill PLC

Developing Geothermal Power Generation Facilities in Arizona: "How Many Permits?"

Clark Hill PLC on

The development of Arizona's geothermal energy resources has the potential to provide industrial and commercial projects with a constant, renewable source of electrical power. Research conducted to date demonstrates some...more

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