[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The Arkansas Pollution Control and Ecology Commission (“Commission”) has adopted the following: Petition to Initiate Rulemaking to Approve Amendments to Regulation 6: Regulations for State Administration of the National...more
On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more
Minnesota has begun enacting substantive rules and standards for per- and polyfluoroalkyl substances (PFAS). In May, Minnesota enacted a PFAS statute that defines PFAS, creates a reporting requirement, and bans sale or...more
Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more
During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more
In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more
On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more
This week, the Court examines whether EPA guidance on water toxicity tests could be challenged under the APA, and addresses whether California’s scheme for taxing railroad property contravenes federal law. SOUTHERN...more
On June 9, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively the Agencies) announced their intent to initiate a regulatory rulemaking to roll back the Trump...more
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Air - Availability of Draft Amended Rules for Comment - OAC Chapter 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology Regulations: The Ohio Environmental...more
On June 6, the State of Washington sued EPA in federal court to stop EPA from approving Washington’s own water quality standards. This is the latest installment in a multiyear battle over whether Washington’s water quality...more
The Maine Department of Environmental Protection (DEP) recently proposed extensive changes to its Visible Emissions Regulation (Chapter 101) that may impact a facility’s ability to remain in compliance....more
The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
The United States Environmental Protection Agency (“EPA”) recently announced that it is initiating a rulemaking process addressing the use of “blending” by wastewater treatment plants. EPA states it will be “reaching out...more
The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more
How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more