News & Analysis as of

NPDES Discharge of Pollutants Environmental Policies

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Allen Matkins

Dissecting Discharges: Recent Ninth Circuit Rulings and EPA Guidelines Interpreting the Clean Water Act

Allen Matkins on

November was an eventful month for the Clean Water Act (CWA). The Ninth Circuit Court of Appeals issued two decisions last month—which will apply to cases and matters in California and other states within the Ninth...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper on

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

Nossaman LLP on

On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

Nossaman LLP on

On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Town of Wesson Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Wesson, Mississippi (“Wesson”) entered into a May 5th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

Jenner & Block on

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Stinson LLP

EPA Issues Guidance Pushing States to use NDPES Permits to Reduce PFAS Discharges

Stinson LLP on

This week, the U.S. Environmental Protection Agency issued guidance advising states how to use National Pollution Discharge Elimination System (NPDES) permit requirements to restrict the discharge of per- and polyfluoroalkyl...more

Burr & Forman

EPA Continues its Journey Down the PFAS Road(map)

Burr & Forman on

On December 5, 2022, the U.S. EPA issued a memorandum entitled, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. The memorandum “provides EPA’s guidance to states and...more

Burr & Forman

Alabama Incorporating PFAS Requirements into Permits for Certain Industrial Categories

Burr & Forman on

Per- and polyfluoroalkyl substances, or “PFAS,” as they have come to be known, are a category of widely-used and long-lasting chemicals found in many consumer, commercial, and industrial products. The human health and...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

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

Commercial/Industrial/Institutional (CII) Stormwater Sources: U.S. Environmental Protection Agency Exercises Clean Water Act...

The United States Environmental Protection Agency (“EPA”) exercise certain Clean Water Act residual designation authorities to address stormwater discharges in three Massachusetts watersheds. The designations were...more

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

Morgan Lewis on

The US Environmental Protection Agency (EPA) announced on September 14 that it will require new permit coverage for previously unregulated stormwater discharges in Massachusetts. Specifically, EPA intends to issue general...more

Cozen O'Connor

AG Frosh Announces Settlement with Alleged Polluting Poultry Plant

Cozen O'Connor on

Maryland AG Brian Frosh and the Maryland Department of the Environment (MDE) reached a settlement with poultry processor Valley Proteins, LLC to resolve allegations that Valley Proteins illegally discharged pollutants into a...more

Sullivan & Worcester

Biden EPA Develops New Playbook for Addressing PFAS

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On October 18, 2021, the US Environmental Protection Agency (EPA) announced its PFAS Strategic Roadmap (Roadmap or Plan), the agency's new approach to comprehensively addressing the threat to public health and the environment...more

King & Spalding

EPA Announces Plans to Regulate PFAS under RCRA

King & Spalding on

In a press conference on October 26, the U.S. Environmental Protection Agency (EPA) announced that it intends to partially grant a petition from New Mexico requesting the listing of per and polyfluorinated substances (PFAS)...more

Foley & Lardner LLP

Incoming Impacts to Industry: EPA Announces PFAS Strategic Roadmap

Foley & Lardner LLP on

On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “PFAS Roadmap”). This widely anticipated plan further expands EPA’s...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

King & Spalding

EPA’s PFAS Strategic Roadmap Sets Broad and Ambitious Goals

King & Spalding on

Near- and Longer-Term Objectives Expected to Impact Wide Range of Industries - On October 18, 2021, the Environmental Protection Agency (EPA) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024. For...more

Robinson+Cole Environmental Law +

EPA Releases PFAS Strategic Roadmap

On October 18, 2021, EPA Administrator Michael S. Regan announced the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (Roadmap). The Roadmap is intended to be a comprehensive approach to confronting PFAS...more

Buchalter

EPA Announces Comprehensive PFAS Strategic Roadmap

Buchalter on

EPA released its plan for actions to address PFAS contamination on October 18, 2021. This is an aggressive and wide-sweeping plan that reaches across multiple statutory authorities. Much of the Roadmap will require regulatory...more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Allen Matkins

California Environmental Law & Policy Update - July 2021 #3

Allen Matkins on

EPA considers placing limits on ‘forever chemicals’ in drinking water - The Guardian – July 14 - The U.S. Environmental Protection Agency (EPA) announced this week that it is proposing to include the entire class of...more

Troutman Pepper

EPA Issues Interim Strategy for PFAS in NPDES Permitting

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On the evening of November 30, United States Environmental Protection Agency (EPA) announced a new interim strategy to address per- and polyfluoroalkyl substances (PFAS) in the environment through EPA-issued wastewater...more

McNees Wallace & Nurick LLC

All Permittees for Construction Stormwater General Permits Face Deadline to Submit Certification

On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02). ...more

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