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
AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more
3/8/2021
/ Clean Water Act ,
Discharge of Pollutants ,
NPDES ,
Permits ,
Pollution Control ,
Proposed Legislation ,
State Water Boards ,
Storm Water ,
Stormwater Discharge Permits ,
Wastewater ,
Water ,
Water Pollution ,
Water Quality ,
Water Quality Control Boards
On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much...more
On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more
1/21/2021
/ Clean Water Act ,
Discharge of Pollutants ,
Dredge and Fill ,
Environmental Policies ,
Jurisdiction ,
Lack of Authority ,
Quality Control Plan ,
Water ,
Water Quality ,
Water Resources Control Board ,
Waters of the United States
On April 21, 2020, The Navigable Waters Protection Rule: Definition of Waters of the United States (“WOTUS”) (“2020 WOTUS Rule”) was published in the Federal Register, and will become effective on June 22, 2020. Publication...more
On March 20, 2020, the State Water Resources Control Board and nine Regional Water Quality Control Boards issued guidance regarding compliance with requirements during the COVID-19 emergency...more
On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). Consequently, the...more
On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more
5/10/2019
/ Administrative Procedure Act ,
Clean Water Act ,
Discharge of Pollutants ,
Joint Powers Agencies (JPAs) ,
Municipalities ,
Petition for Writ of Mandate ,
San Francisco ,
State Water Boards ,
Wastewater ,
Water ,
Water Quality ,
Water Quality Control Boards
Regulation of “toxicity” in the State of California has generally been following 3 State Water Resources Control Board (State Water Board) precedential decisions that require dischargers under an NPDES permit, which have a...more
11/26/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Public Comment ,
Toxic Chemicals ,
Toxic Exposure ,
Water ,
Water Resources Control Board ,
Water Supplies