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Clean Water Act › NPDES › Water Quality

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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Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

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EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

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Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

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Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

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As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Dorsey & Whitney LLP

The Supreme Court Update - May 28, 2024

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Today, the Supreme Court of the United States granted certiorari in one case: San Francisco v. EPA, No. 23-753: This case involves interpretation of the federal Clean Water Act (CWA) and its National Pollutant Discharge...more

Mintz

EPA's heart may be in the right place but it is cruisin' for a bruisin' in San Francisco

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This week our nation's highest court was scheduled to discuss whether to hear the City and County of San Francisco's appeal of a split Ninth Circuit decision upholding an EPA NPDES permit issued to the City and County...more

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PFAS/Refinery: Denver Trout Unlimited Files Administrative Challenge to Colorado of Public Health and Environment NPDES Permit...

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Denver Trout Unlimited, GreenLatinos, and the Colorado Sierra Club (collectively “Trout Unlimited”) filed an April 5th Request for an Adjudicatory Hearing (“Request”) before the Colorado Department of Public Health and...more

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Creating Confidence in Clean Water Permitting Act: U.S. House of Representatives Passes Legislation

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The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more

Beveridge & Diamond PC

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

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The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

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Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway County...

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The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Countryside Land & Cattle Co., LLC (“Countryside”) entered into a November 21st Consent Administrative Order (“CAO”) addressing...more

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Section 401/Clean Water Act: Arkansas Attorney General and 10 Other States Challenge U.S. Environmental Protection Agency...

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Arkansas Attorney General Tim Griffin and 10 other states filed in the United States District Court for the Western District of Louisiana (“Court”) a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the...more

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Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

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The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

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The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

Mintz

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA's new Section 401 Water...

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EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more

McNees Wallace & Nurick LLC

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

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On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

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Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to Address Nutrient Pollution in...

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The United States Environmental Protection Agency (“EPA”) Office of Water published a draft document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water...more

Beveridge & Diamond PC

Washington Supreme Court Affirms Ecology’s Authority to Bypass Rulemaking When Requiring New PCB Sampling Methods Under CWA...

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The Washington State Supreme Court agreed with the Department of Ecology in a dispute over whether Ecology should have followed notice and comment rulemaking procedures when adding two new controversial test methods for...more

Beveridge & Diamond PC

Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions

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Key Takeaways - • What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing...more

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

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Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

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Navigating the NPDES Permitting Process for Water Reuse Projects/Strategies to Enable Recycling and Protect Water Quality: March...

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A number of water quality organizations in coordination with the United States Environmental Protection Agency (“EPA”) developed a March 2022 report titled: Navigating the NPDES Permitting Process for Water Reuse...more

Troutman Pepper

EPA Moves to Elevate Tribal Rights in Water Quality: Changes Could Modify CWA Implementation

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The Environmental Protection Agency (EPA) has initiated two rulemaking actions, both expected to be proposed in early 2022, that could change the way the Clean Water Act (CWA) is administered across the country. ...more

(ACOEL) | American College of Environmental...

Oh, Congress Forgot The Science

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In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more

Beveridge & Diamond PC

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

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Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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Combined Sewer System/NPDES Permit: U.S. EPA Environmental Appeals Board Addresses City/County of San Francisco Petition for...

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The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a December 1st Order the City and County of San Francisco’s (collectively “San Francisco”) pleading titled: ...more

Robinson+Cole Manufacturing Law Blog

EPA Issues Interim Strategy for Addressing PFAS in Wastewater Permits

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As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more

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