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Concentrated Animal Feeding Operations/Clean Water Act: Federal Appellate Court Addresses U.S. Environmental Protection Agency's...

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in an October 2nd Memorandum an appeal of the United States Environmental Protection Agency’s (“EPA”) denial of a Petition for Rulemaking under...more

2024 Final Recommended Aquatic Life Criteria Benchmarks for Select PFAS: U.S. Environmental Protection Agency Rulemaking

The United States Environmental Protection Agency (“EPA”) published a final national recommended aquatic life criteria for PFOA in freshwater. PFOA belongs to the per-and polyfluorinated substances (“PFAS”) chemicals...more

Water Quality Standards/Clean Water Act: Arkansas Department of Energy and Environment Response to U.S. Environmental Protection...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted August 26th comments addressing the United States Environmental Protection Agency’s (“EPA”) partial disapproval of...more

Waters of the United States Implementation Post-Sackett Decision/Experiences and Perspectives: U.S. House of Representatives...

The Subcommittee on Water Resources and Environment of the United States House of Representatives Transportation and Infrastructure Committee held a September 11th hearing titled: Waters of the United States Implementation...more

Striped Newt/Citizen Suit Enforcement: Center for Biological Diversity Issued Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) transmitted a 60-day Notice of Intent To Sue (“NOI”) the U.S. Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”).The alleged...more

Biosolids/PFAS: U.S. Environmental Protection Agency Moves to Dismiss Public Employees for Environmental Responsibility Judicial...

The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

National Environmental Policy Act/Proposed Amendments: U.S. House of Representatives Committee on Natural Resources (Congressman...

The United States House of Representatives Committee on Natural Resources (“Natural Resources Committee”) held a September 4th Hearing addressing: Discussion Draft of H.R. __ (Rep. Westerman), To amend the National...more

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ozark Industrial...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Tokai Carbon GE LLE (“Tokai”) entered into an August 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United...

A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more

North Carolina National Pollutant Discharge Elimination System Permit Program: Southern Environmental Law Center Request that U.S....

The Southern Environmental Law Center (“SELC”) filed the following before the Administrator of the United States Environmental Protection Agency (“EPA”): Petition to Withdraw North Carolina’s National Pollutant Discharge...more

Environmental Criminal Enforcement: Federal Appellate Court Addresses Brady Motion to Challenging Clean Water Act Conviction

The United Stated Court of Appeals for the 9th Circuit (“9th Circuit”) in an August 28th Memorandum addressed a post-trial Motion subject to a Clean Water Act criminal enforcement trial. See U.S. v. Louie Sanft, 2024 W.L....more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Fort Smith...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) entered into a February 6th Consent Administrative Order (“CAO”) with the City of Fort Smith, Arkansas addressing alleged...more

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL...more

Wastewater Plant/Subdivision: Faulkner County Circuit Court Action Filed Alleging Prospective Nuisance/Trespass Associated with...

The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No....more

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Non-Municipal Sewage...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

Citizen Suit Action/Clean Water Act: Black Warrior Riverkeeper and Tuscaloosa, Alabama Coal Mine Operator Enter into Consent...

Black Water Riverkeeper (“Riverkeeper”) and Warrior Met Coal Mining, LLC (“WMC”) entered into a July 29th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Case No. 7:22-cv-01178-LSC. The CD...more

Adopting Water Quality Criteria for Secondary Contact Recreation: U.S. Environmental Protection Agency Publishes User Guide

The United States Environmental Protection Agency (“EPA”) has issued a document titled: Adopting Water Quality Criteria for Secondary Contact Recreation: A User Guide. (“Guide”). See EPA 820-B-24-001....more

State Response to Sackett v. EPA: Colorado General Assembly Enacts Legislation Expanding Regulatory Authority Over...

The 74th General Assembly of the State of Colorado has enacted House Bill 24-1379 which is described as: …concerning the regulation of state waters in response to recent federal court action and, in connection therewith,...more

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