News & Analysis as of September 19, 2024

Clean Water Act › Solid Waste

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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 -

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/6/2024

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

Solid Waste/Wastewater Enforcement: Louisiana Department of Environmental Quality and St. Landry Parish Solid Waste Disposal...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/14/2023

The Louisiana Department of Environmental Quality (“LDEQ”) and St. Landry Parish Solid Waste Disposal District (“St. Landry”) entered into a Settlement Agreement (“SA”) addressing alleged violations of a solid waste permit...more

\Medical Waste/Environmental Criminal Enforcement: Maryland Special Medical Waste Incinerator Enters into Guilty Plea Addressing...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/23/2023

The Maryland Attorney General (“AG”) announced on October 17th that Curtis Bay Energy, LP (“Curtis Bay”) entered into a guilty plea to a forty-count criminal information resulting from an investigation that had been conducted...more

Whistleblower Complaint/Safe Drinking Water Act: Occupational Safety and Health Administration Addresses Alleged North Dakota...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/30/2023

The Occupational Safety and Health Administration (“OSHA”) issued an August 23rd news release summarizing the results of a whistleblower investigation that it undertook regarding the North Dakota Department of Environmental...more

Plastic Production: 48 Members of Congress Address Letter to U.S. Environmental Protection Agency Administrator Michael Regan

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/23/2023

Forty-eight Democratic Congressmen sent a February 9th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking that the agency address what they argue are needed efforts regarding plastic...more

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on 6/7/2022

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

Proposed Clean Water Act Effluent Limitations Guidelines/PFAS: Joint State Environmental Organizations Submit Comments to U.S....

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/8/2021

The Association of Clean Water Administrators, the Association of State Drinking Water Administrators, the Association of State and Territorial Solid Waste Management Officials, and the Environmental Council of the States...more

Arkansas Environmental Federation Land and Sustainability Webinar: Solid and Hazardous Waste/Recycling Administrative/Judicial...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/1/2020

I undertook a presentation for the Arkansas Environmental Federation Land and Sustainability Webinars on May 22nd titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2019-2020 (“Presentation”)...more

Solid Waste/Wastewater Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama Construction and...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/1/2019

The Alabama Department of Environmental Management (“ADEM”) and Advanced Disposal Services Eagle Bluff Landfill, Inc., (“ADS”) entered into a Consent Order (“CO”) addressing alleged Clean Water Act and solid waste violations....more

Courts to Environmental Plaintiffs: Use RCRA, not Clean Water Act, to Address Coal-Ash Disposal at Coal-Fired Power Plants

Perkins Coie on 9/28/2018

In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash...more

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

Ruder Ware on 11/16/2017

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

Virginia Federal Court Holds Groundwater Contamination Triggers Clean Water Act Jurisdiction

Williams Mullen on 1/15/2016

Dominion Virginia Power (Dominion) operates a coal-fired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

When Is A Discharge to Groundwater a Discharge to a Water of the United States?

Foley Hoag LLP - Environmental Law on 11/11/2015

The Clean Water Act regulates discharges of pollutants to waters of the United States. That term is not understood to include groundwater. The Sierra Club was unhappy about alleged discharges to groundwater from coal ash...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2015

Bergeson & Campbell, P.C. on 8/17/2015

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Clean Water Environmental Issues for 2015

McGuireWoods LLP on 2/7/2015

There are a handful of legal and regulatory issues on the horizon in 2015 that are worth watching. Some of these issues, like the U.S. Environmental Protection Agency’s (EPA’s) Cooling Water Rule and the U.S. Army Corps of...more

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

Beveridge & Diamond PC on 1/27/2015

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

Corporate Criminal Liability: Legal Causation and the Application of Absolute Vicarious Liability in the XTO Energy Prosecution

Cohen Seglias Pallas Greenhall & Furman PC on 3/21/2014

In this high-profile criminal prosecution of XTO Energy by the Pennsylvania Office of Attorney General, the scope of corporate criminal liability for the actions of third parties is likely to take center stage later this year...more

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Clean Water Act › Solid Waste

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