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Clean Water Act › Environmental Protection Agency (EPA) › Enforcement

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... more +
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 -
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Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United...

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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

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Environmental Criminal Enforcement: Federal Appellate Court Addresses Brady Motion to Challenging Clean Water Act Conviction

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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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Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

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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

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National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer's Manual: U.S. Environmental Protection...

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The United States Environmental Protection Agency (“EPA”) has issued a July 2024 document titled: National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer’s Manual (“Manual”)....more

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Clean Water Act Enforcement: U.S. Environmental Protection Agency and Redding, California Fuel Transport Company Enter into...

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The United States Environmental Protection Agency (“EPA”) and Shasta-Siskiyou Transport (“SST”) entered into a May 30th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Cwa-09-2024-0042. ...more

Foley Hoag LLP - Environmental Law

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

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Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

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On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...more

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

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Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more

Mintz

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

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Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

K&L Gates LLP

EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

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On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

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Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Challenge to U.S. Army Corps of Engineers Approval of Mitigation...

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A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

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Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

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PFAS/Clean Water Act Enforcement: Michigan Attorney General Files Judicial Action Against Grand Rapids Airport for Alleged...

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The Michigan Attorney General (“AG”) filed a September 11th lawsuit in the Kent County 17th Judicial Circuit against the Gerald R. Ford International Airport Authority (“Airport Authority”) in Grand Rapids, Michigan. The...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

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The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

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SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Kansas Oil and Gas Exploration, Development and...

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The United States Environmental Protection Agency (“EPA”) and Colt Energy, Inc. (“CEI”) entered into a May 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal regulations found at 40 CFR Part 112 setting...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

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Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

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PFAS/Stormwater Enforcement: U.S. Environmental Protection Agency Announces Issuance of Administrative Compliance Order on Consent...

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The United States Environmental Protection Agency (“EPA”) issued an April 26th news release stating that it had issued a Clean Water Act Administrative Compliance Order on Consent (“AOC”) to the Chemours Company (“Chemours”)...more

Mintz

EPA has issued an "order" permitting continued PFAS discharges at concentrations much higher than what it says are dangerous....

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EPA got a lot of press this week for its first ever "enforcement" action relating to the continuing discharge of the forever chemicals known as PFAS into the Ohio River in West Virginia. Many of you know that this part of the...more

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SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

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The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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SPCC Enforcement: U.S. Environmental Protection Agency and New Haven, Connecticut, Biofuels Producer Enter into Expedited...

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The United States Environmental Protection Agency (“EPA”) and American GreenFuels, LLC (“AGF”) entered into a February 23rd Expedited Settlement Agreement (“ESA”) addressing addressed violations of the Clean Water Act Oil...more

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Waters of the United States/Clean Water Act: United States District Court Judge (Southern District of Texas) Enjoins Enforcement...

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United States District Judge (Southern District of Texas) Jeffrey Vincent Brown (“Court”) issued a March 19th Memorandum Opinion and Order Granting Preliminary Injunction (“Order”) addressing a challenge to a final rule...more

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Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

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The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

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Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement

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The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that...more

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

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The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

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