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Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of...more

EPA Expands Role of Tribal Rights in Setting Water Quality Standards

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to...more

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL)...more

EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case...more

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

The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

Major Questions Doctrine Reaches the Clean Water Act

The Fourth Circuit Court of Appeals unanimously affirmed a district court’s dismissal of environmental plaintiffs’ claim that shrimp trawlers require either a Section 404 or National Pollutant Discharge Elimination System...more

U.S. Supreme Court Declines to Expand the Reserved Water Right

On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more

Supreme Court Narrows CWA Jurisdiction Over Waters of the U.S.

On May 25, the U.S. Supreme Court issued its long-awaited decision in Sackett v. EPA, No. 21-454, holding that Clean Water Act (CWA) jurisdiction extends to wetlands only if they have a continuous surface connection to...more

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron...more

Washington Department of Ecology Signals that Nooksack Basin Water Rights Adjudication is Ready for Launch

As previously discussed, the Washington legislature launched a process to quantify and permanently adjudicate water rights in the Nooksack River basin. After several years of preliminary work, the Washington Department of...more

Washington Supreme Court Affirms Ecology’s Authority to Bypass Rulemaking When Requiring New PCB Sampling Methods Under CWA...

The Washington State Supreme Court agreed with the Department of Ecology in a dispute over whether Ecology should have followed notice and comment rulemaking procedures when adding two new controversial test methods for...more

Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions

Key Takeaways - • What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing...more

EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Across Three Massachusetts Watersheds

Key Takeaways - • What Is Happening? On September 14, 2022, the U.S. Environmental Protection Agency (EPA) Region 1 exercised its Clean Water Act (CWA) Residual Designation Authority to require National Pollutant Discharge...more

EPA Expands Clean Water Act Spill Response Planning to Hazardous Substances

Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) published a proposed rule requiring certain facilities to prepare Facility Response Plans (FRPs) for responding to worst case discharges...more

EPA’s Multi-Sector General Permit for Industrial Stormwater Challenged in the Ninth Circuit —Plastics a Key Issue

Key Takeaways - • What happened? On July 1, 2021, the Center for Biological Diversity (the “Center”) petitioned the Ninth Circuit to review EPA’s issuance of the 2021 National Pollutant Discharge Elimination System...more

Key Trends Impacting Fisheries and Aquaculture in the United States

Key Takeaways What Is Happening? An increased focus on climate change and environmental stewardship is rapidly changing the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and...more

New Fishing Limits Proposed for Pacific Commercial Chinook Salmon

The Pacific Fishery Management Council (Council) submitted a proposed amendment – Amendment 21 – to the Pacific Coast Salmon Fishery Management Plan (FMP) to the National Marine Fisheries Service (NMFS) for review and...more

EPA Releases 2022 Construction General Permit for Public Comment

Key Takeaways What Is Happening? The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP), which...more

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

Reducing the Flood of Changes—EPA Issues a More Tempered Final 2021 Multi-Sector General Permit than Originally Proposed

Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) finalized the 2021 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges...more

Ninth Circuit Affirms Partial Vacatur of NWP 48 for Commercial Shellfish Aquaculture

On February 11, 2021, the Ninth Circuit upheld the district court’s decision vacating Nationwide Permit (NWP) 48, Commercial Shellfish Mariculture Activities, in Washington State. As previously discussed, industry appealed...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

A More Conservative SCOTUS Slated to Hear Remand Question in Baltimore Climate Suit

With the confirmation of Justice Amy Coney Barrett on October 26, the Supreme Court that will review a Fourth Circuit decision affirming the remand of Baltimore City’s ongoing climate suit is significantly more conservative...more

11/12/2020  /  Climate Change , Energy Sector , Remand , SCOTUS

EPA Finalizes Removal of Water Quality Standards Despite Pending Washington Lawsuit

In what may be the beginning of the final chapter of a long-running saga over water quality standards in Washington State (Washington), the U.S. Environmental Protection Agency (EPA) has approved the removal of federal human...more

EPA Releases 2020 Multi-Sector General Permit for Comment

The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2020 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP), which authorizes stormwater discharges...more

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