[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Federal officials announced on Wednesday that the U.S. Environmental Protection Agency (EPA) has approved a three-year-old rule — known as the Warehouse Indirect Source Rule (Rule) — targeting air pollution linked to Southern...more
The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more
As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...more
The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more
On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more
EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more
The Tennessee Department of Environment & Conservation (“TDEC”) issued a July 13th proposed Director’s Order and Assessment (“Order”) to Kopper Glo Mining, LLC (“Kopper”). See Case No. MGR22-0118. The Order provides that...more
Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more
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
The Alabama Department of Environmental Management (“ADEM”) and Bunge North America (“BNA”) entered into a November 8th Consent Order (“CO”) addressing alleged violations of a Clean Water Act State Indirect Discharge (“SID”)...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Bay, Arkansas (“Bay”) entered into an October 16th Consent Administrative Order (“CAO”) addressing alleged violations of...more
The epic depletion of naturally occurring phosphorous in the environment, or “Phosphogeddon,” as it is euphemistically called often by some who discount its significance, may be the next great environmental challenge, ranking...more
UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more
Three Requests for Hearing and Adjudicatory Review (“Requests”) have been filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...more
On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod. The regulations will require landowners in “Nitrogen...more
UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more
As a consequence of the efforts by EPA and state environmental authorities throughout New England and beyond to update wastewater treatment requirements, including management of the sludge produced, significant questions and...more
The United States Environmental Protection Agency (“EPA”) and Newburg Egg Processing Corp. (“Newburg”) entered into a May 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Water Act...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Wesson, Mississippi (“Wesson”) entered into a May 5th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant...more