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Citizen Suit Enforcement/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue Newburgh, Indiana, Aluminum...

The Environmental Integrity Project (“EIP”) on behalf of the Sierra Club sent a November 14th Notice of Intent to Sue (“NOI”) to Warrick Newco Operations (“Warrick”) alleging violations of the Clean Water Act. The NOI...more

Nonpoint Source Program/Grants Guidelines for States and Territories: U.S. Environmental Protection Agency Draft Revisions for...

The United States Environmental Protection Agency (“EPA”) issued a Draft Revision for Public Comment of the following document: Nonpoint Source Program and Grants Guidelines for States and Territories (“Draft Document”)...more

Waters of the United States/Clean Water Act: U.S. House of Representatives Democrats Introduce Legislation Addressing U.S. Supreme...

One hundred eighteen Democratic members of the United States House of Representatives (“House”) introduced legislation titled: Clean Water Act of 2023(H.R. 5983) The stated purpose of H.R. 5983 is to address the...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Ashley County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Town of Montrose, Arkansas, (“Montrose”) entered into an October 21st Consent Administrative Order (“CAO”) addressing an alleged...more

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Underground Injection Control/Class II-D: Three Rivers Waterkeeper U.S. EPA Environmental Appeals Board Challenge to Allegheny...

Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: Petition for Review by Protect...more

Examining the Implications of Sackett v. U.S. Environmental Protection Agency for Clean Water Act Protections of Wetlands/Streams:...

The United States Senate Committee on Environment & Public Works held an October 18th hearing titled: Examining the Implications of Sackett v. U.S. Environmental Protection Agency for Clean Water Act Protections of Wetlands...more

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.S. Environmental Protection Agency:...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

\Medical Waste/Environmental Criminal Enforcement: Maryland Special Medical Waste Incinerator Enters into Guilty Plea Addressing...

The Maryland Attorney General (“AG”) announced on October 17th that Curtis Bay Energy, LP (“Curtis Bay”) entered into a guilty plea to a forty-count criminal information resulting from an investigation that had been conducted...more

Citizen Suit Enforcement/Clean Water Act: Alabama/Black Warrior Riverkeeper Judicial Action Addressing Alleged City of Tuscaloosa...

The State of Alabama and two environmental organizations filed a Complaint in the Circuit Court of Tuscaloosa County, Alabama, against the City of Tuscaloosa alleging violations of the Clean Water Act. See Civil Action No....more

404/Clean Water Act Enforcement: United States/West Virginia and Glenville, West Virginia, Oil and Gas Company Enter into Consent...

The United States Department of Justice and the State of West Virginia entered into a September 28th Consent Decree (“CD”) with Waco Oil and Gas Company, Inc. (“Waco”) addressing alleged violations of both the Clean Water Act...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Lexa Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Lexa, Arkansas, (“Lexa”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged...more

Economic Analysis of the New York - New Jersey Harbor Estuary: Report Calculates Economic Value of Improved Water Quality

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) announced the release of a report titled: Economic Analysis of the New York-New Jersey Harbor Estuary (“Report”) ...more

Wastewater Enforcement/Clean Water Act: Illinois Attorney General Second Amended Complaint Alleging Violations by Trump Tower...

The Illinois Attorney General (“AG”) filed a Second Amended Complaint (“Amended Complaint”) on September 28th in the Circuit Court of Cook County, Illinois, against 401 North Wabash Venture, LLC, d/b/a Trump International...more

PFAS/Clean Water Act Enforcement: Michigan Attorney General Files Judicial Action Against Grand Rapids Airport for Alleged...

The Michigan Attorney General (“AG”) filed a September 11th lawsuit in the Kent County 17th Judicial Circuit against the Gerald R. Ford International Airport Authority (“Airport Authority”) in Grand Rapids, Michigan. The...more

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

The United States Environmental Protection Agency (“EPA”) announced on September 14th a final rule that it denominates Clean Water Act Section 401 Water Quality Certification Improvement Rule (“Final Rule”)....more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Lonoke County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality and Lonoke County Property Owners’ Multipurpose Improvement District No. 12 (“MID”) entered into a July 10th Consent Administrative Order...more

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Final Rule Addressing Sackett...

The United States Environmental Protection Agency and the United States Corps of Engineers (collectively “EPA”) issued a pre-Federal Register publication final rule on August 29th revising the Clean Water Act definition of...more

Whistleblower Complaint/Safe Drinking Water Act: Occupational Safety and Health Administration Addresses Alleged North Dakota...

The Occupational Safety and Health Administration (“OSHA”) issued an August 23rd news release summarizing the results of a whistleblower investigation that it undertook regarding the North Dakota Department of Environmental...more

Endangered Species Act/Clean Water Act: Federal Court Addresses Challenge to U.S. Environmental Protection Agency Water Quality...

The United States District Court for the District of Arizona (“Court”) addressed in an August 18th Order an alleged violation by the United States Environmental Protection Agency (“EPA”) of the Endangered Species Act (“ESA”)....more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Carroll County Motel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Statue Road Inn (“SRI”) entered into a June 21st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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