News & Analysis as of September 21, 2024

Clean Water Act › Department of Environmental Conservation

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

Troutman Pepper on 4/25/2024

The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

Water Authority Dixon County/Trace Creek: Harpeth Conservancy Files Petition for Appeal of Tennessee Department of Environment and...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/21/2023

The Southern Environmental Law Center filed on behalf of Harpeth Conservancy (“Petitioner”) a March 9th Petition for Appeal of the Tennessee Department of Environment and Conservation (“TDEC”) (“Petition”) Commissioner...more

Environmental Criminal Enforcement: Memphis, Tennessee, Environmental Consulting Firm CEO Sentenced for Allegedly Filing False...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/21/2022

The United States Department of Justice (“DOJ”) issued a September 12th news release stating that DiAne Gordan (“Gordon”) had been sentenced to 36 months in prison for allegedly fabricating discharge monitoring reports...more

Second Circuit Sides with FERC – States May Not Agree to Revise the Certification Request Date to Avoid Waiver of its...

Troutman Pepper on 4/8/2021

On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination that the New York State Department of Environmental Conservation (“DEC”) had...more

States Really, Really, Must Act on Water Quality Certification Applications Within One Year

Foley Hoag LLP - Environmental Law on 3/30/2021

The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa...more

Vermont Legislative Update Week 6 | Government and Public Affairs

Downs Rachlin Martin PLLC on 2/16/2021

New stormwater requirements will cost property owners hundreds of millions of dollars - The House Committee on Corrections and Institutions received a primer this week on the history behind the 3-acre general permit,...more

When States Get Serious About Phasing Out Natural Gas

(ACOEL) | American College of Environmental... on 5/28/2020

A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

Akin Gump Strauss Hauer & Feld LLP on 6/20/2019

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

FERC Holds the Line on One-Year Limit for State Review of Clean Water Act Certifications for Interstate Natural Gas Pipelines

Sheppard Mullin Richter & Hampton LLP on 5/3/2019

On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/12/2019

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more

Stormwater: Riverkeeper/Waterkeeper Alliance Challenge New York Multi-Sector General Permit (Industrial Activity)

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/2/2018

The environmental organizations Riverkeeper, Inc. and Waterkeeper Alliance, Inc. (collectively “Waterkeeper”) filed an action in the Supreme Court of the State of New York against the New York State Department of...more

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

Beveridge & Diamond PC on 3/16/2018

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more

Second Circuit to Expedite Review of Whether NYSDEC Waived Jurisdiction Over Water Quality Certification, After Denying Stay of...

Beveridge & Diamond PC on 12/11/2017

On December 7, the Second Circuit rejected the New York State Department of Environmental Conservation’s (DEC) request for a stay of construction of the Millennium Pipeline Co. LLC’s Valley Lateral natural gas pipeline...more

When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory...

Beveridge & Diamond PC on 10/23/2017

Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification...more

NYDEC Waived Right to Act on a CWA 401 Water Qualification

Pillsbury - Gravel2Gavel Construction & Real... on 9/22/2017

The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more

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Clean Water Act › Department of Environmental Conservation

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