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Clean Water Act NPDES

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 -

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

Arkansas Nutrient Water Quality Trading Advisory Panel: December 14th Conference Call Scheduled

The Arkansas Department of Environmental Quality (“ADEQ”) announced that the Arkansas Nutrient Water Quality Trading Advisory Panel (“Panel”) will hold a telephone conference at 1:30 p.m. on December 14th. ADEQ states the...more

Future of Waters of the United States/Examining the Role of States: U.S. House of Representatives Committee on Science, Space, &...

The Subcommittee on Environment of the United States House of Representatives Committee on Science, Space, & Technology (“Committee”) is holding a hearing today titled: ...Waters of the United States: Examining the Role of...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Variances Under the Clean Water Act/New Developments in the Use of an Old Tool: Jordan Wimpy (Mitchell Williams) Arkansas...

Jordan P. Wimpy undertook a presentation at the Arkansas Environmental Federation’s annual Convention and Trade Show titled: Variances Under the Clean Water Act – New Developments in the Use of an Old Tool...more

Wastewater Enforcement: Arkansas Department of Environmental Quality Issues Notice of Violation in Relation to Operation of Eureka...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a Notice of Violation (“NOV”) to VPG Partners II, LLC (“VPG”) in regards to alleged Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Maben, Mississippi Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Maben, Mississippi (“City”) entered into a September 19th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollution...more

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82...more

Water Quality Trading Case Studies: Association of Clean Water Administrators Announces State Database

The Association of Clean Water Administrators (“ACWA”) announced it is accumulating water quality trading case studies on its website. ACWA describes itself as a national, nonpartisan, professional organization whose...more

Challenge to NPDES Permit Conditions: Union County, Arkansas Chemical Manufacturing Facility Request for Adjudicatory Hearing...

El Dorado Chemical Company (“EDCC”) filed a September 27th Request for Adjudicatory Hearing before the Arkansas Pollution Control and Ecology Commission. The request addresses a Clean Water Act National Pollution Discharge...more

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

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

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

by 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

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County School Districts Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jessieville School District and Fountain Lake School District (collectively, “District”) entered into an August 30th Consent Administrative Order (“CAO”)...more

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

New Groundwater Contamination Case: TVA Ordered To Excavate Large Quantities of Coal Ash Waste

On August 4, the U.S. District Court for the Middle District of Tennessee issued a very significant ruling in the case of Tennessee Clean Water Network, et al., v. Tennessee Valley Authority. The District Court has ordered...more

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

by Sullivan & Worcester on

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System...more

Meet the New WOTUS. Same as the Old WOTUS.

Earlier this week, EPA and the ACOE began implementing the Trump administration’s efforts to deconstruct the Obama rule defining “Waters of the United States” under the Clean Water Act. EPA and the ACOE submitted for Federal...more

Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers...more

House Passes Pesticide Spraying Legislation

by Bergeson & Campbell, P.C. on

On May 24, 2017, the U.S. House of Representatives passed H.R. 953, the Reducing Regulatory Burdens Act of 2017, by 256-165 vote. H.R. 953, which is similar to bills introduced in the past three congresses, would overturn a...more

Can Discharges to Groundwater Trigger Clean Water Act Liability

by Williams Mullen on

It’s a bad day when you find out that your facility has been leaking wastewater, wastes, petroleum product or chemicals. But if the leak went into the soil and the groundwater first, rather than a nearby creek, are you liable...more

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

CWA Citizen Suit Dismissed Where Plaintiffs Failed to Allege “Conveyance of Pollutants Into Navigable Waters

On April 20, the U.S. District Court for the District of South Carolina, Anderson Division, dismissed the plaintiffs’ Clean Water Act (CWA) Citizen Suit which alleged that the defendant pipeline operators had violated the CWA...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

by Williams Mullen on

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

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