Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Strong River Construction, LLC (“Strong River”) entered into a January 10th Agreed Order (“AO”) for alleged failure to obtain coverage under the Mississippi...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a March 6th Public Notice stating that it is proposing to reissue Department of the Army General Permit 32 (“GP32”)....more
Beginning April 12, 2024, USFWS will offer a general permit application for incidental take of bald and golden eagles for wind energy and power line projects. The general permit option will provide an alternative to...more
On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden...more
Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a final rule amending its regulations authorizing permits for eagle incidental take and eagle nest take. The final rule comes...more
Region 1 of the United States Environmental Protection Agency (“EPA”) issued on September 28th a final National Pollutant Discharge Elimination System (“NPDES”) General Permit for Medium Wastewater Treatment Facilities...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) announced in a news release that it will host a stakeholder meeting on September 27th (tomorrow) to discuss the preliminary draft...more
Senator Manchin recently released the text of his much anticipated and controversial bill aimed at reforming the federal permitting process, particularly for energy infrastructure (the "Energy Independence and Security...more
EPA proposes designating certain PFAS 'forever chemicals' as hazardous substances - CNN – August 26 - The U.S. Environmental Protection Agency (EPA) announced today that it proposes to designate certain per-and...more
On June 1, 2022, the Ohio Environmental Protection Agency’s (EPA) recent updates to industrial stormwater general permits became effective. Industrial stormwater general permits cover stormwater discharges from new and...more
On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more
On June 15, 2022, the Energy Regulatory Commission ("CRE") published in the Federal Official Gazette the Resolution No. A/015/2022 by means of which the Energy Regulatory Commission establish the scenarios that constitute a...more
The Louisiana Department of Environmental Quality (“LDEQ”) and Reliable Soil Co., (“Reliable”) entered into a Settlement addressing alleged violations of an LPDES Multi-Sector General Permit. See SA-WE-22-0017. The...more
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
On March 30, 2022, the Energy Regulatory Commission ("CRE") published in the Federal Official Gazette the "General Provisions that establish the terms for submitting information regarding corporate purpose, legal, technical...more
A Colorado-based NGO has dropped its 9th Circuit lawsuit challenging EPA's Multi-Sector General Permit for stormwater discharges associated with industrial facilities. On one hand, this is a victory for EPA which...more
There is no question the policy considerations underlying Environmental Justice (EJ) are valid. As a society, we need to recognize that some communities are more at risk than others and devise means to mitigate these risks or...more
Key Takeaways - • What happened? On July 1, 2021, the Center for Biological Diversity (the “Center”) petitioned the Ninth Circuit to review EPA’s issuance of the 2021 National Pollutant Discharge Elimination System...more
This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more
Bloomberg reports this morning that a Washington-based NGO is suing a window manufacturer for its alleged failure to comply with the terms of a NPDES General Permit issued by the State of Washington as authorized by US EPA. ...more
Key Takeaways What Is Happening? The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP), which...more
Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more
The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more
New stormwater requirements will cost property owners hundreds of millions of dollars - The House Committee on Corrections and Institutions received a primer this week on the history behind the 3-acre general permit,...more