News & Analysis as of

NPDES

BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

BakerHostetler on

There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lonoke,...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Lonoke, Arkansas entered into a July 18th Consent Administrative Order (“CAO”) addressing violations of a Clean...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Bradley...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Bradley, Arkansas entered into an August 24th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lockesburg...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Lockesburg, Arkansas entered in an August 30th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

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

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ozark Industrial...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Tokai Carbon GE LLE (“Tokai”) entered into an August 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and Al’s Truck Stop of Malvern, Inc. (“Al’s”) entered into an April 30th Consent Administrative Order (“CAO”) addressing alleged...more

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

North Carolina National Pollutant Discharge Elimination System Permit Program: Southern Environmental Law Center Request that U.S....

The Southern Environmental Law Center (“SELC”) filed the following before the Administrator of the United States Environmental Protection Agency (“EPA”): Petition to Withdraw North Carolina’s National Pollutant Discharge...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Fort Smith...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) entered into a February 6th Consent Administrative Order (“CAO”) with the City of Fort Smith, Arkansas addressing alleged...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

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

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Non-Municipal Sewage...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

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

Arkansas Administration of the National Pollutant Discharge Elimination System (Rule No. 6): Arkansas Pollution Control and...

The Arkansas Pollution Control and Ecology Commission (“Commission”) has adopted the following: Petition to Initiate Rulemaking to Approve Amendments to Regulation 6: Regulations for State Administration of the National...more

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

National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer's Manual: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) has issued a July 2024 document titled: National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer’s Manual (“Manual”)....more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Citizen Suit Enforcement/Clean Water Act: Environment California Files Judicial Action Against Port of Los Angeles

Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Greenbriar Rock...

Part III Section D, Condition 10 of the RGI NPDES permit requires the submission of a complete permit renewal application at least 180 days prior to the expiration date of the permit if the activity regulated by the permit is...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Malvern Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Malvern, Arkansas, (“Malvern”) entered into a March 1st Consent Administrative Order (“CAO”) addressed alleged violations...more

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

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

Manatee County Phosphate Facility/Clean Water Act: Environmental Organizations and Florida Department of Environmental Protection...

Five environmental organizations entered into a Joint Notice of Settlement (“Settlement”) with the Florida Department of Environmental Protection (“FDEP”) in the United States District Court for the District of Florida. See...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Mcrae Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of McRae, Arkansas entered into a June 4th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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