Clean Water Act

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

Allen Matkins on 6/20/2025

Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

2026 Multi-Sector General Permit for Industrial Stormwater Discharges: National Municipal Stormwater Alliance Comments Addressing...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/19/2025

The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more

The AI Thirst Trap

Nossaman LLP on 6/18/2025

Artificial intelligence (AI) has the potential to transform the water industry. The need for massive amounts of water to cool AI data systems could exacerbate already strained water resources in the U.S. and worldwide. To...more

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/17/2025

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/13/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Northeast Arkansas Public Water Authority (“Northeast”) entered into a March 10th Consent Administrative Order (“CAO”)...more

2026 NPDES Multi-Sector General Permit for Stormwater Discharges: Steel Manufacturers Association Comments on Proposed Federal...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/13/2025

The Steel Manufacturers Association (“SMA”) submitted May 19th comments to the United States Environmental Protection Agency (“EPA”) addressing: Proposed 2026 Multi-Sector General Permit for Stormwater Discharges...more

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

K&L Gates LLP on 6/11/2025

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

Schwabe, Williamson & Wyatt PC on 6/11/2025

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/11/2025

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

DOI Exercises Authority Under Novel Emergency Authorities To Approve Uranium Mine

Perkins Coie on 6/9/2025

Key Takeaways - -The Department of the Interior approved the reactivation of the Velvet-Wood uranium and vanadium mine using new emergency procedures issued pursuant to President Trump’s Executive Order 14156, which declared...more

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

Holland & Knight LLP on 6/9/2025

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more

California Environmental Law & Policy Update 6.6.25

Allen Matkins on 6/9/2025

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Stormwater/2026 NPDES Multi-Sector General Permit for Industrial Discharges: Airports Council International Comments on Proposed...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/9/2025

The Airports Council International – North America (“ACI”) submitted May 19th comments to the United State Environmental Protection Agency (“EPA”) regarding the proposed Multi-Sector General Permit (“MSGP”) for stormwater...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Van Buren Wastewater...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/6/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Van Buren Municipal Utilities (“Van Buren”) entered into a February 4th Consent Administrative Order (“CAO”) addressing...more

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/6/2025

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

Greenberg Glusker LLP on 6/5/2025

On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

The End of “End-Result” Permit Limitations in Clean Water Act Permits

Nossaman LLP on 6/4/2025

On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

Clean Water Act Citizen Suits in the Spotlight: Solicitor General Calls for Supreme Court Review

Beveridge & Diamond PC on 6/4/2025

Key Takeaways - Federal citizen suits are likely to become more frequent as the federal government decreases its enforcement efforts. Federal courts are split on whether Clean Water Act (CWA) citizen suits can enforce...more

Mind Over Matter: Executive Order Seeks to Reframe Regulatory Criminal Enforcement

Akin Gump Strauss Hauer & Feld LLP on 6/2/2025

On May 9, 2025, President Trump issued an Executive Order entitled “Fighting Overcriminalization in Federal Regulations” (the Order), which directs federal agencies to reassess how and when criminal penalties are applied to...more

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/2/2025

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/29/2025

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more