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EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

Justice Kagan, if "some people like less prescriptive standards" why haven't any members of the regulated community said so in San...

Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United States Environmental Protection Agency on the question of whether a “narrative standard”...more

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

EPA's heart may be in the right place but it is cruisin' for a bruisin' in San Francisco

This week our nation's highest court was scheduled to discuss whether to hear the City and County of San Francisco's appeal of a split Ninth Circuit decision upholding an EPA NPDES permit issued to the City and County...more

Tony Bennett may have left his heart in San Francisco but the City's appeal of its NPDES permit is on its way to the United States...

Juan-Carlos Rodriguez is reporting on DOJ's and EPA's brief arguing that the Supreme Court should leave alone a split Ninth Circuit decision upholding a NPDES permit condition prohibiting the permittee, the City and County of...more

The City and County of San Francisco are about to deliver EPA & the Ninth Circuit their 3rd consecutive Clean Water Act defeat in...

The United States Supreme Court isn't done with the Clean Water Act and EPA's interpretation of it. This month the City and County of San Francisco asked the nation's highest court to overturn a split Ninth Circuit Court of...more

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more

The Navy is going to get a Clean Water Act NPDES permit authorizing its firing of munitions. What's next?

Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the continuing use of the firing range at the Naval Surface Warfare Center Dahlgren on the...more

We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges...

Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more

Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation...

You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has invoked its rarely used Residual Designation Authority under section 402 of the Clean Water...more

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

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...

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

Soon we'll have EPA guidance responding to the Supreme Court's Maui decision, but it may not be much.

The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting.  That presentation says that EPA has drafted new guidance based...more

I guess it makes sense that the Navy would need a Clean Water Act permit to fire munitions if the Forest Service needs one to...

Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging that the Navy's firing of munitions into the Potomac River without a NPDES permit violates...more

EPA made a mess exercising its Clean Water Act residual designation authority in MA. This week the Judge washed his hands of most...

This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more

Congress might make it so the US Forest Service doesn't need to get Federal and State NPDES permits to keep fighting fires.

A few months ago I told you about the United States Forest Service's decision to resolve a citizen suit accusing it of violating the Clean Water Act by obtaining a Federal permit and as many as 47 State permits authorizing it...more

Shooting fish in a barrel: Why I'm surprised the courts haven't already been flooded with PFAS Clean Water Act Citizen Suits.

Bloomberg Environment reports that a Georgia NGO has sued a textile manufacturer and the town in which the manufacturer is located over unpermitted discharges of the "forever chemicals" known collectively as PFAS into the...more

This isn't an early April Fools joke -- the US Forest Service is applying for a NPDES permit so that it can keep fighting forest...

Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to...more

Misery may love company but this NGO's attempt to prove two golf courses meet the "functional equivalence" test in the same case...

Some of you may recall that late last year an NGO filed a lawsuit against an operator of a wastewater treatment facility in the mountains of Montana alleging that the reuse of water treated by the facility was the "functional...more

The end of the road in Maui? - October 2021

Traveling the long and winding road to Hana in Maui is one of the most beautiful experiences one can have in the United States. I'm not sure anyone would say the same thing about the long and winding litigation road taken to...more

Information Injury is A Thing in The Ninth Circuit, But For How Long?

Last week, a split panel in the Ninth Circuit concluded that ordinary citizens had a sufficient interest in the existence and accuracy of information a NPDES permit holder was required to submit to the Government to confer...more

9/28/2021  /  NPDES , Permits , TransUnion

Another NGO Asks a Federal Appeals Court to Manage EPA. What's Next?

Inside EPA reports that a Pacific Northwest NGO has asked the Ninth Circuit Court of Appeals to order the United States Environmental Protection Agency to act on the NGO's demand that EPA revoke its delegation of Clean Water...more

The End of the Road in Maui?

Late yesterday, Federal Judge Susan Oki Mollway, of the District of Hawaii, ruled that the County of Maui needs a Federal Clean Water Act NPDES permit for its groundwater discharge of treated water from its waste water...more

Much More Clean Water Act Enforcement Threatened, But EPA Role Remains Murky

Yesterday the Government Accountability Office issued a lengthy report on enforcement of the NPDES provisions of the Federal Clean Water Act permitting discharges to Waters of the United States.  Many of you know that all but...more

Do we want EPA to do its Clean Water Act job and, if so, what will it take?

This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more

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