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No-Discharge Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Denali Water Solutions, LLC (“Denali”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing alleged...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

Incident Response Guide/Water and Wastewater Sector: FBI/EPA/CISA Announce Release

Three federal agencies announced the joint production and release of a document titled: Incident Response Guide – Water and Wastewater Sector (January 2024) (“Guide”)...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Eagle Ridge Utility Operating Company, LLC (“Eagle Ridge”) entered into an October 20th Consent Administrative Order (“CAO”)...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Nashville, Arkansas, (“Nashville”) entered into October 16th Consent Administrative Order (“CAO”) addressing alleged...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

EPA Fiscal Year 2024 Top Management Challenges: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued on November 15th a document titled: The EPA’s Fiscal Year 2024 Top Management Challenges (“Report’) See Report No....more

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Bay, Arkansas (“Bay”) entered into an October 16th Consent Administrative Order (“CAO”) addressing alleged violations of...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

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

Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Arkansas Department of Energy &...

Three Requests for Hearing and Adjudicatory Review (“Requests”) were filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...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

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

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Riceland Foods, Inc. (“Riceland”) entered into a May 19th Consent Administrative Order (“CAO”) addressing alleged violations of a...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

Sewage Sludge Incinerator/Wastewater Treatment Plant: Class Action Complaint Filed in United States District Court Against...

Plaintiffs Maurice Doire and Joshua Hoye, on behalf of themselves and all others similarly situated, filed a Class Action Complaint and Jury Demand (“Complaint”) on July 26th in the United States District Court of Rhode...more

Class V Wells/Safe Drinking Water Act: U.S. Environmental Protection Agency and Hawaiian Convenience Store Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Seven-Eleven Hawaii, Inc. (“Seven-Eleven”) entered into an August 10th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Underground...more

Air/Wastewater Enforcement: U.S. Department of Justice/New York and Delaware County Protein Powder Manufacturer Enter into Consent...

The United States Department of Justice (“DOJ”), State of New York and Frieslandcampina Ingredients (“FI”) entered into an August 2nd Consent Decree (“CD”) addressing alleged violations of federal and New York air and water...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Joiner, Arkansas, (“Joiner”) entered into a May 25th Consent Administrative Order (“CAO”) addressing alleged violations...more

Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Request for Hearing/Adjudicatory Review...

Three Requests for Hearing and Adjudicatory Review (“Requests”) have been filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...more

Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal/Destruction: Minnesota Pollution Control Agency...

The Minnesota Pollution Control Agency (“MPCA”) released in early June a report titled: Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal and Destruction from Municipal Wastewater, Biosolids,...more

Common Law Trespass/Nuisance Action/Ripeness: U.S. District Court Addresses Application of Doctrine to Mining Expansion Contingent...

A United States District Court (E.D. California)(“Court”) addressed in a June 12th Memorandum and Order (“Memorandum”) an argument that certain claims for nuisance and trespass from federal common law were not ripe. See Buena...more

Disposal of Reclaimed Wastewater to Wastewater Collection System: Texas Legislation Introduced Addressing the Treatment and...

Senate Bill 1289 has been introduced in the 88th Texas Legislative Session addressing the onsite treatment and reuse of non-potable water. The intent of the bill is to remove certain regulatory barriers to this activity....more

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