News & Analysis as of

Clean Water Act › Mining

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 -
Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Black Warrior Riverkeeper and Tuscaloosa, Alabama Coal Mine Operator Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on

Black Water Riverkeeper (“Riverkeeper”) and Warrior Met Coal Mining, LLC (“WMC”) entered into a July 29th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Case No. 7:22-cv-01178-LSC. The CD...more

Womble Bond Dickinson

Permitting Reform in the United States

Womble Bond Dickinson on

This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

Brownstein Hyatt Farber Schreck on

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

Snell & Wilmer

Mining Industry on the Losing End of Two Clean Water Act Cases

Snell & Wilmer on

Stone v. High Mountain Mining Company, LLC, was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit. High Mountain’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Mitchell, Williams, Selig, Gates & Woodyard,... on

Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th: 60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean...more

Cozen O'Connor

Gold-Mining Companies Fail To Persuade Court That Washington Attorney General’s Clean Water Act Jurisdiction Is Limited

Cozen O'Connor on

Washington AG Bob Ferguson obtained a summary judgment from the United States District Court for the Eastern District of Washington against gold-mining companies Crown Resources Corporation and Kinross Gold U.S.A., Inc....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more

Mitchell, Williams, Selig, Gates & Woodyard,...

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program (UPDATE)

Mitchell, Williams, Selig, Gates & Woodyard,... on

As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Assumption Under Section 404 of the Clean Water Act: Environmental Council of the States Proposed Amendments

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Environmental Council of the States (“ECOS”) transmitted a June 26th letter to the Chairmen and Ranking Members of the United States House of Representatives Committee on Transportation and Infrastructure and Water...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020

Spilman Thomas & Battle, PLLC on

Coal Earnings Set to Plunge 50% in North America, Moody's Says - "Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019 #2

Spilman Thomas & Battle, PLLC on

Environmental Groups Accuse Multiple Mining Sites of Violating Federal Regulations - "Allegations of 'egregious' violations of the federal Clean Water Act and the Surface Mining Control and Reclamation Act could be...more

Williams Mullen

Environmental Notes - May 2018

Williams Mullen on

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Snell & Wilmer

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

Snell & Wilmer on

On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more

Dorsey & Whitney LLP

Trump Administration Rulemaking Process to Redefine Scope of Clean Water Act – How Your Company Can Participate

Dorsey & Whitney LLP on

One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking...more

Williams Mullen

Fourth Circuit Upends NPDES Permit Shield

Williams Mullen on

The United States Court of Appeals for the Fourth Circuit recently upheld a lower court’s determination that a West Virginia mining company was not shielded from liability by its NPDES permit. The mining company’s permit...more

Holland & Knight LLP

Forecast for Energy and Environment Regulations

Holland & Knight LLP on

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

Snell & Wilmer

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

Snell & Wilmer on

While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”)...more

Williams Mullen

Regulated Parties – 2, Regulators – 0

Williams Mullen on

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

Williams Mullen

Environmental Notes - July 2016

Williams Mullen on

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Bergeson & Campbell, P.C.

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

Bergeson & Campbell, P.C. on

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

Williams Mullen

Environmental Notes - July 2015

Williams Mullen on

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

Polsinelli

A Watershed Moment for Business, Industry, and Agriculture: EPA Releases Final Clean Water Rule

Polsinelli on

On May 27, 2015, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers jointly released a final rule clarifying what bodies of water are subject to federal jurisdiction under the Clean Water...more

Beveridge & Diamond PC

Finality! Common Sense Prevails Over Wetlands Jurisdictional Determinations

Beveridge & Diamond PC on

“All good things come to those who wait,” certainly is not an expression that applies to property owners who receive wetlands jurisdictional determinations (JD) from the Army Corps of Engineers with which they disagree. ...more

Foley Hoag LLP - Environmental Law

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Foley Hoag LLP - Environmental Law on

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the...more

29 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide