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
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
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
The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more
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
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
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
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
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
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
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
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
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
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
On June 6, Washington filed a lawsuit challenging EPA’s May 10, 2019, decision to reverse its 2016 disapproval of Washington’s proposed Human Health Criteria (HHC) under the Clean Water Act (CWA). The lawsuit represents the...more
The Washington Department of Ecology (Ecology) released the draft 2020 Industrial Stormwater General Permit (ISGP) for public comment. The draft permit contains a number of changes from the existing ISGP, including adding two...more
On August 19, 2017, one of Cooke Aquaculture’s largest facilities in Washington—a ten-cage net pen off Cypress Island—collapsed, resulting in the release of 243,000 to 263,000 non-native Atlantic salmon into Puget Sound....more