News & Analysis as of

Discharge of Pollutants

Senate Committee Holds Hearing on Clean Water Act

by Holland & Knight LLP on

The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more

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

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

Kansas Federal Court Applies Prejudice Requirement to Pollution Buy-Back Endorsement

In its recent decision in PetroSantander (USA), Inc. v. HDI Global Ins. Co., 2018 U.S. Dist. LEXIS 59696 (D. Kan. Apr. 9, 2018), the United States District Court for the District of Kansas, applying Texas law, had occasion to...more

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Cleburne County, Arkansas Wastewater...

The Arkansas Department of Environmental Quality (“ADEQ”) and WR Holding Co, LLC (“WR”) entered into a March 26th Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit (“Permit”). See...more

Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA

by Beveridge & Diamond PC on

On April 12, the Fourth Circuit became the second federal court of appeals this year to hold that a point source need not directly introduce pollutants into navigable waters in order for the Clean Water Act’s (CWA)...more

Fourth Circuit Expands Scope of Clean Water Act

by Alston & Bird on

Our Environment, Land Use & Natural Resources Group discusses the Fourth Circuit’s decision to allow a Clean Water Act class action suit to move forward. - Upstate Forever v. Kinder Morgan Energy Partners - The plain...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Mountain Pine Enter into Consent Administrative...

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

U.S. EPA Region 9 Enforcement Priorities Revealed

by Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

by Perkins Coie on

A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more

Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes

by Perkins Coie on

The Clean Water Act requires a permit to discharge pollutants through pipes, ditches, and channels from an oyster hatchery, even though the facility would not be subject to the Act’s permitting requirements as a “concentrated...more

Pretreatment Enforcement: Mississippi Commission Of Environmental Quality and Pearl, Mississippi Facility Enter into Agreed Order

The Mississippi Commission of Environmental Quality (“MCEQ”) and Valley Services, Inc. (“VSI”) entered into a March 5th Agreed Order (“AO”) addressing alleged violations of a pretreatment permit. See Order No. 6839 1A. The...more

Proposed General Permit Aims to Standardize Wastewater Management

by Harris Beach PLLC on

On March 31, 2018, the New York State Department of Environmental Conservation (“DEC”) opened a public comment period regarding the potential issuance of a State Pollution Discharge Elimination System (SPDES) general permit...more

Water, Water, Everywhere

by Beveridge & Diamond PC on

If it isn’t already, water should be on your mind this year. The excitement of Scituate storm surge and coastal flooding aside, the region – and the U.S. as a whole – is facing a slew of legal developments that may change...more

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

by Lewitt Hackman on

Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Ohio EPA releases draft NPDES construction storm water general permit

by Bricker & Eckler LLP on

On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). ...more

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

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

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Settles With Syngenta On FIFRA Violation Related To Restricted-Use Pesticide: On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta...more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Ninth Circuit Discusses “Point Sources” Under The CWA

On Friday, March 9, the U.S. Court of Appeals for the Ninth Circuit issued another significant ruling in a Clean Water Act (CWA) Citizen Suit case. Affirming the District Court, the Ninth Circuit held “pipes, ditches, and...more

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

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...

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

EPA Seeks Comments on Discharges of Pollutants to Groundwater

by Burr & Forman on

On February 20, the Environmental Protection Agency published in the Federal Register a request for comments on a longstanding EPA policy regarding the question of whether and to what extent discharges to groundwater might be...more

Reminder: New Texas Stormwater Construction General Permit Now In Effect

by Husch Blackwell LLP on

As a reminder, the State of Texas’s new stormwater construction general permit is now in effect. The Texas Commission on Environmental Quality’s (TCEQ) has renewed its General Permit to Discharge under the Texas Pollutant...more

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