News & Analysis as of

Environmental Protection Agency (EPA) Watershed Clean Water Act

Mintz

EPA made a mess exercising its Clean Water Act residual designation authority in MA. This week the Judge washed his hands of most...

Mintz on

This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more

J.S. Held

U.S. EPA’s First Usage of Clean Water Act Residual Designation Authority & Environmental Justice

J.S. Held on

In September 2022, the U.S. Environmental Protection Agency (EPA) Region 1 issued a decision to use its Clean Water Act (CWA) Residual Designation Authority (RDA) to require National Pollution Discharge Elimination System...more

Beveridge & Diamond PC

EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Across Three Massachusetts Watersheds

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Key Takeaways - • What Is Happening? On September 14, 2022, the U.S. Environmental Protection Agency (EPA) Region 1 exercised its Clean Water Act (CWA) Residual Designation Authority to require National Pollutant Discharge...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more

(ACOEL) | American College of Environmental...

Chesapeake Restoration Update

At ACOEL’s 2019 annual meeting in Williamsburg I chaired a panel on the ongoing restoration of the Chesapeake Bay Watershed, which I described as the biggest, and arguably the best, example of cooperative federalism in the...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Proposes New Rule

On December 11th the United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced the proposal of a new rule addressing the Clean Water Act definition waters of the United...more

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

Peak Wet Weather Flow Management/POTWs: Association of Clean Water Administrators Comments on U.S. Environmental Protection Agency...

The Association of Clean Water Administrators (“ACWA”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on an August 31st Federal Register Notice soliciting input on: . . ....more

Williams Mullen

Environmental Notes - March 2016

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U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Williams Mullen

Chesapeake Bay TMDL Here to Stay

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The U.S. Supreme Court has declined to consider an appeal challenging EPA’s Chesapeake Bay Total Daily Maximum Load (TMDL), thereby bringing to an end the contentious years-long litigation over its legality. The Court’s...more

Williams Mullen

Environmental Notes - January 2016

Williams Mullen on

Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

K&L Gates LLP

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

McGuireWoods LLP

Third Circuit Upholds Chesapeake Bay TMDL

McGuireWoods LLP on

On July 6, the Third U.S. Circuit Court of Appeals issued its ruling in the case of American Farm Bureau Federation v. EPA (No. 13-4079). The ruling, which affirmed an earlier district decision upholding the U.S....more

Perkins Coie

Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment

Perkins Coie on

A Court of Appeal has upheld the Regional Board’s adoption of the total maximum daily load (TMDL) for concentration of pollutants in the sediment in McGrath Lake, rejecting the claim that TMDLs may not be stated in terms of...more

Holland & Knight LLP

Federal Court Upholds the Final TMDL for the Chesapeake Bay in Important Decision Involving Cooperative Federalism

Holland & Knight LLP on

In a case of first impression, the United States District Court for the Middle District of Pennsylvania upheld the EPA's authority to establish a final total maximum daily load (TMDL) for the Chesapeake Bay Watershed that...more

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