News & Analysis as of

Effluent Limitations Environmental Protection Agency (EPA)

Lathrop GPM

EPA Moves to Address PFAS Discharges Under Clean Water Act Ahead of New Administration

Lathrop GPM on

EPA recently proposed significant actions to address PFAS in wastewater under the Clean Water Act by (1) publishing recommended human health water quality criteria used to enact surface water quality standards and (2)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Quality Standards/Arkansas Pollution Control and Ecology Rule 2: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Climate Change Considerations When Prioritizing, Developing and Implementing Total Maximum Daily Loads: November 2024 U.S....

The United States Environmental Protection Agency (“EPA”) issued a November 2024 report titled: Climate Change Considerations When Prioritizing, Developing and Implementing Total Maximum Daily Loads (“Report”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petcoke Calcining/Clean Water Act: Environmental Organizations Petition U.S. Environmental Protection Agency for Promulgation of...

Twelve environmental organizations submitted an October 31st Petition to the United States Environmental Protection Agency (“EPA”) seeking Clean Water Act effluent limit guidelines (“ELGs”) for petcoke calcining facilities....more

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

Lippes Mathias LLP on

On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...more

King & Spalding

EJ in EPA Rulemaking

King & Spalding on

In the first half of 2024, EPA has finalized a host of rules driven, at least in part, by concerns about disparate impacts and environmental justice. For instance, in conjunction with an April rule targeting greenhouse...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Guidelines/Meat and Poultry Products Category: Association of Clean Water Administrators Comments Addressing U.S....

The Association of Clean Water Administrators (“ACWA”) submitted March 23rd Comments to a Proposed EPA Rule styled: Clean Water Act Effluent Limitations Guidelines and Standard for the - ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Proposes Rule Addressing Meat and Poultry Products...

The United States Environmental Protection Agency (“EPA”) announced a pre-Federal Register Notice for a proposed rule addressing Clean Water Act effluent limit guidelines for the Meat and Poultry Products (“MPP”) industrial...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Bacteria Effluent Limits/Logan International Airport: Massachusetts Port Authority Petitions U.S. EPA Environmental Appeals Board...

The Massachusetts Port Authority (“Authority”) filed a September 20th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of...more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

Goldberg Segalla on

Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: U.S. Environmental Protection Agency and Ashtabula, Ohio, Manufacturing Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Huntsman Advanced Materials Americas, LLC (“Huntsman”) entered into a May 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Guidelines/Clean Water Act: Waterkeeper Petition Challenging U.S. Environmental Protection Agency's Alleged Failure to...

Waterkeeper Alliance and 11 other environmental organizations (collectively “Waterkeeper”) filed an April 11th Petition for Review (“Petition”) in the United States Court of Appeals for the Ninth Circuit alleging a failure by...more

Goldberg Segalla

EPA Seeks Input From the Slaughterhouse to Reduce Nutrients in Discharged Wastewater

Goldberg Segalla on

On Jan. 18, the Environmental Protection Agency announced it is seeking input regarding the development of Meat and Poultry Products (“MPP”) Effluent Limitations Guidelines Rulemaking Revision.  As part of this process...more

Mitchell, Williams, Selig, Gates & Woodyard,...

pH/Aluminum/Copper: U.S. EPA Environmental Appeals Board Addresses Challenge to New Hampshire POTW NPDES Permit Conditions

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a June 17th decision challenging certain conditions in a Keene, New Hampshire, (“City”) Public Owned Treatment Works...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Draft U.S. Environmental Protection Agency Region 1 NPDES General Permit (Massachusetts) Facilities: PFAS Monitoring

The National Association of Clean Water Agencies (“NACWA”) submitted April 26th comments to Region 1 of the United States Environmental Protection Agency (“EPA”) addressing its draft National Pollutant Discharge Elimination...more

Brooks Pierce

PFAS Regulatory Developments and Risk Considerations for Manufacturers 

Brooks Pierce on

I. Overview of Federal Regulatory Developments Related to PFAS - Federal government activities with respect to regulation of PFAS in 2021, which will likely carry forward through 2024 include the following: ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Copper/Wastewater Effluent: Administrative Challenge to Pennsylvania Department of Environmental Protection's Denial of Use of...

Dowingtown Area Regional Authority (“DARA”) filed a December 28th Notice of Appeal (“Appeal”) before the Pennsylvania Environmental Hearing Board challenging a Pennsylvania Department of Environmental Protection (“DEP”)...more

Vinson & Elkins LLP

EPA Takes Action on PFAS in Waste Water

Vinson & Elkins LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Columbia County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Albemarle Corporation (“AC”) entered into an October 4th Consent Administrative Order (“CAO”) addressing an alleged violation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Preliminary Effluent Guidelines Program Plan 15: U.S. Environmental Protection Agency Announces Initiation of Meat and Poultry...

A United States Environmental Protection Agency (“EPA”) news release states the agency has released the Preliminary Effluent Guidelines Program 15 (“Plan 15”) which identifies the initiation of a Clean Water Act rulemaking to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Whole Effluent Toxicity/Clean Water Act: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an August 5th Opinion a judicial challenge to nonbinding guidance that had been issued by the United States Environmental Protection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Best Professional Judgment for Cooling Water Intake Structures at Hydroelectric Facilities: U.S. Environmental Protection Agency...

The U.S. Environmental Protection Agency (“EPA”) addressed a Clean Water Act Issue related to hydroelectric facilities in a January 13th memorandum titled: Transmittal of Framework for Best Professional Judgment for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Tennessee Department of Environment and Conservation Order/Assessment Addressing Lewisburg, Tennessee

The Tennessee Department of Environment and Conservation (“TDEC”) issued a February 26th Director’s Order and Assessment (“Order”) to the City of Lewisburg, Tennessee (“City”) for alleged violations of a National Pollution...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Northwest Environmental Advocates (“NEA”) filed a September 26th Clean Water Act Citizen Suit Action in United States District Court alleging that the United States Environmental Protection Agency’s (“EPA”) 2016 approval of...more

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