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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

Arkansas Administration of the National Pollutant Discharge Elimination System (Rule No. 6): Arkansas Pollution Control and...

The Arkansas Pollution Control and Ecology Commission (“Commission”) has adopted the following: Petition to Initiate Rulemaking to Approve Amendments to Regulation 6: Regulations for State Administration of the National...more

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Malvern, Arkansas, (“Malvern”) entered into a March 1st Consent Administrative Order (“CAO”) addressed alleged violations...more

Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton County Red Clay...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and K&M Excavating, LLC (“K&M”) entered into a May 13th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources: Source Water Collaborative Report

A May 2024 report has been issued titled: New Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources (“Guide”). The Guide was issued by the Source Water Collaborative (“SWC”)....more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...more

Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

Citizen Suit Action/Clean Water Act: Conservation Law Foundation Lawsuit Addressing Littleton, Massachusetts, Pepsi-Product...

The Conservation Law Foundation (“CLF”) sent an April 10th letter to Patriot Beverages, LLC and CPF, Inc. (collectively, “Pepsi Beverages”) styled: Notice of Violations and Intent to File Suit Under the Clean Water Act...more

Insurance Coverage/Boatyard Operator: Federal Appellate Court Addresses City of Los Angeles Request for Indemnity for Alleged...

The United States Court of Appeals of the Ninth Circuit (“Ninth Circuit”) addressed in a March 13th memorandum issues arising out of a boatyard operator’s insurance policies. See City of Los Angeles v. Traverlers Indemnity...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

Holyoke, Massachusetts, Clean Water Act NPDES Permit: U.S. EPA Environmental Appeals Board Petition Filed

The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more

Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Lagoon Requirements/Best Management Practices for Use/Disposal of Sewage Sludge: U.S. Environmental Protection Agency Issues...

The United States Environmental Protection Agency (“EPA”) issued a February 2024 guidance document (“Guidance”) titled: Understanding Lagoon Requirements Under 40 C.F.R. Part 503: Best Management Practice for Use or...more

Stormwater Enforcement: Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas and Missouri Railroad Company (“AMRC”) entered into a February 20th Consent Administrative Order (“CAO”) addressing an...more

Wastewater Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Claiborne County...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a July 13th proposed Director’s Order and Assessment (“Order”) to Kopper Glo Mining, LLC (“Kopper”). See Case No. MGR22-0118. The Order provides that...more

No-discharge Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and National Park...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and National Park Service (“NPS”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an alleged violation of...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

United States Electric Vehicle Battery Manufacturing/Demand: Environmental Defense Fund Analysis

The Environmental Defense Fund (“EDF”) announced issuance of a report titled: U.S. Electric Vehicle Battery Manufacturing on Track to Meet Demand (“Analysis”) - The EDF Analysis’ objective was to determine whether...more

Solid Waste/Wastewater Enforcement: Louisiana Department of Environmental Quality and St. Landry Parish Solid Waste Disposal...

The Louisiana Department of Environmental Quality (“LDEQ”) and St. Landry Parish Solid Waste Disposal District (“St. Landry”) entered into a Settlement Agreement (“SA”) addressing alleged violations of a solid waste permit...more

Pretreatment/Clean Water Enforcement: Alabama Department of Environmental Management and Decatur Soybean Processing/Oil Refinery...

The Alabama Department of Environmental Management (“ADEM”) and Bunge North America (“BNA”) entered into a November 8th Consent Order (“CO”) addressing alleged violations of a Clean Water Act State Indirect Discharge (“SID”)...more

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

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