Clean Water Act

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/21/2024

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Strong, Arkansas entered into a July 18th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

Navigating Regulatory Changes: The Ninth Circuit’s CAFO Ruling and Oregon’s New Rules for ‎CAFOs

Schwabe, Williamson & Wyatt PC on 10/18/2024

The Ninth Circuit’s ruling provides temporary relief from new federal water regulations, but Oregon has introduced more stringent state rules with regard to CAFOs. Understanding these changes is vital to stay abreast of the...more

EPA to Cruise Ships, Cargo Ships, Barges, Tankers, Tugs and Tows: Take Notice

Holland & Knight LLP on 10/18/2024

As detailed through previous Holland & Knight alerts and blogs detailing the Notice of Proposed Rule Making and Consent Decree that postponed completion of the Vessel Incident Discharge (VID) final rule until fall 2024, the...more

Concentrated Animal Feeding Operations/Clean Water Act: U.S. Environmental Protection Agency Letter Response to Conservation Law...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/18/2024

The United Stated Environmental Protection Agency (“EPA”) transmitted a September 9th letter to the Vermont Agency of Natural Resources (“Vermont”) addressing a Joint Petition from: Conservation Law Foundation....more

Justice Kagan, if "some people like less prescriptive standards" why haven't any members of the regulated community said so in San...

Mintz on 10/17/2024

Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United States Environmental Protection Agency on the question of whether a “narrative standard”...more

Clean Water State Revolving Fund Program: U.S. Government Accountability Office Report Addresses Grant Formula

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/17/2024

The United States Government Accountability Office (“GAO”) issued a July 2024 report titled: Clean Water: Revolving Fund Grant Formula Could Better Reflect Infrastructure Needs, and EPA Could Improve Needs Estimate...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/14/2024

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 25th Consent Administrative Order (“CAO”)...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/9/2024

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/7/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/1/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/30/2024

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

California’s ‘New’ Construction Stormwater General Permit—Time To Engage?

Brownstein Hyatt Farber Schreck on 9/27/2024

On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

BakerHostetler on 9/25/2024

There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/24/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/23/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/20/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/19/2024

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

This Week's Climate Policy Update - September 2024

Akin Gump Strauss Hauer & Feld LLP on 9/18/2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/17/2024

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

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

Allen Matkins on 9/12/2024

Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/9/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/6/2024

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...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/5/2024

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....

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/4/2024

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/4/2024

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

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