News & Analysis as of

Environmental Protection Agency Storm Water

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -

Rising Environmental Enforcement in the Food and Drug Sector: How to Stem the Tide for Your Facility

by Kelley Drye & Warren LLP on

Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions have highlighted the extent to which these facilities are subject to a host...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

by Sullivan & Worcester on

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

OMB Signs Off on U.S. EPA’s 2017 Construction Stormwater Permit

by Beveridge & Diamond PC on

Spared by the Office of Management and Budget from the Trump Administration’s regulatory freeze, the U.S. Environmental Protection Agency’s (EPA) 2017 National Pollutant Discharge Elimination System General Permit for...more

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction...more

RI Federal Court Sides With EPA On Stormwater Permitting Requirements

A federal court in Rhode Island recently held for the EPA on the scope of its non-discretionary duties regarding stormwater discharges. The case arises out of the EPA’s failure to (i) notify certain commercial and industrial...more

EPA Publishes Proposed Benchmarks for Revised District of Columbia MS4 Permit

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) published on Nov. 17, 2016, a Notice of Intent to Reissue the District of Columbia's municipal separate storm sewer system (MS4) permit. The notice triggers a 45-day public...more

CWA: EPA Settlement Telegraphs Changes to General Permit Coverage for Facilities with Coal Tar Sealed Pavement

by Bergeson & Campbell, P.C. on

On August 16, 2016, the U.S. Environmental Protection Agency (EPA) reached a settlement in Clean Water Act (CWA) lawsuits filed over its 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial...more

EPA Decides No Additional Regulations Are Needed to Address Stormwater Discharges from Forest Roads Under the Clean Water Act

by Pierce Atwood LLP on

The Environmental Protection Agency (EPA) has determined that, at this time, no additional regulations are needed to address stormwater discharges from forest roads under Section 402(p)(6) of the Clean Water Act (CWA). The...more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

by Perkins Coie on

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

Regulators and Environmental Groups Differ on How to Address Stormwater Contribution to Algae Blooms in the Charles River

by Beveridge & Diamond PC on

The battle over phosphorous in the Charles River and its resultant toxic algae blooms is heating up again, with EPA finalizing its MS4 permit targeting municipalities and their stormwater runoff into the river and...more

EPA’s Charles River Two-Step

At least since the Standells’ Dirty Water in 1966, cleaning up the Charles River has been on the mind of Bostonians (and Cantabrigians and those farther upriver). Notwithstanding significant recent progress, there remains...more

EPA Enforcement Initiative

by Williams Mullen on

EPA is currently pursuing six National Enforcement Initiatives. One of these initiatives is entitled, “Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation’s Waters.” Over the past three years, civil penalties...more

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

by Bergeson & Campbell, P.C. on

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

Multi-Sector General Permit for Stormwater Discharges – Newly Issued and Newly Challenged

by Beveridge & Diamond PC on

U.S. EPA issued a new Multi-Sector General Permit for Stormwater Discharges from Industrial Activities on June 4, 2015, replacing the 2008 general permit, which expired in September 2013 and had been administratively...more

Community-Based P3 Programs for Integrated Green Stormwater Infrastructure

by Best Best & Krieger LLP on

Partnerships between the public and private sector can help improve and sustain the ability of local governments to design, construct, finance, operate and maintain various infrastructure. ...more

Beveridge & Diamond Secures Major Clean Water Act Ruling in U.S. Court of Appeals for Seventh Circuit

by Beveridge & Diamond PC on

On July 9, 2015, Beveridge & Diamond secured a unanimous published opinion from the U.S. Court of Appeals for the Seventh Circuit rejecting a citizen suit challenge under the Clean Water Act. Beveridge & Diamond represented...more

The Stormwater Mess Continues in Massachusetts: CLF and CRWA Sue EPA

In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential...more

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently...more

Clean Water Environmental Issues for 2015

by McGuireWoods LLP on

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

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

by Best Best & Krieger LLP on

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

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