Clean Water Act, Land-Use Permits

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

Perkins Coie on 6/24/2022

Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Army Corps Changes Course on Jurisdictional Determinations

Woods Rogers on 1/20/2022

On January 5, 2022, the U.S. Army Corps of Engineers (“USACE”) quietly released an announcement stating that it will not rely on approved jurisdictional determinations (“AJDs”) issued under the now-vacated Navigable Waters...more

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on 1/6/2021

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Steam Electric Power Plant/Clean Water Act: U.S. EPA Environmental Appeals Board Addresses Challenge to NPDES Permit

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/21/2020

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 30th Opinion a challenge to a Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

WilmerHale on 6/4/2020

On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/18/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Marvell, Arkansas (“Marvel”) entered into a December 31st Consent Administrative Order (“CAO”) to address alleged...more

Hot Springs Bypass Project (Arkansas): U.S. Army Corps of Engineers (Little Rock District) Public Notices Arkansas Department of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/25/2019

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more

EPA Weighs In On Whether Discharges to Groundwater Can Be Subject to the CWA — You Won’t Be Surprised at the Answer

Foley Hoag LLP - Environmental Law on 4/18/2019

On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements. EPA did a good job marshalling its arguments – much better than this...more

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on 1/29/2019

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Crawford County, Arkansas, Wastewater Treatment Facility...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/27/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and Concord Water and Sewer Public Facilities (“Concord”) entered into a December 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

Wastewater/Collection System Enforcement: Arkansas Department of Environmental Quality and Carthage, Arkansas Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/10/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and Carthage, Arkansas (“Carthage”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more

Water Quality Certification Improvements Act of 2018: Association of State Wetland Managers/Association of Clean Water...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/18/2018

The Association of State Wetland Managers (“ASWM”) and Association of Clean Water Administrators (“ACWA”) (collectively “Associations”) transmitted a September 6th letter to the Chairman and Ranking Minority Member of the...more

Stormwater Enforcement: Arkansas Department of Environmental Quality and Lee County, Arkansas Retail Motor Fuel Facility Enter...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/13/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and MAPCO Express, Inc., (“MEI”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged Clean Water Act National Pollution Discharge...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Oak Grove Heights, Arkansas Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/26/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and City of Oak Grove Heights, Arkansas (“City”) entered into an April 5th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Stoel Rives - Environmental Law Blog on 4/18/2018

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Wetland Mitigation Banks: National Trade Associations' March 12th Comments on U.S. Army Corps of Engineers (Fort Worth District)...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/3/2018

A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Improvement District Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/20/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater

Schwabe, Williamson & Wyatt PC on 3/9/2018

On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Lonoke County, Arkansas Improvement District Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and Lonoke County Property Owners’ Multipurpose Improvement District No. 12 Mount Lake II Phase III Wastewater Treatment Plant (“District”) entered into a February...more

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/20/2018

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

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

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

White House Proposes to Streamline Environmental Reviews for Infrastructure Projects

Perkins Coie on 2/1/2018

The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/31/2018

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/15/2018

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

Potential Actions to Reduce Regulatory Burdens on Domestic Energy Production: U.S. Army Corps of Engineers Announces Availability...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/28/2017

The United States Army Corps of Engineers (“Corps”) issued a November 28th Federal Register notice announcing the issuance of a report that examines: . . . actions it could take to modify existing regulations that...more

Clean Water Act › Land-Use Permits

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