News & Analysis as of

NPDES Environmental Protection Agency

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

Future of Waters of the United States/Examining the Role of States: U.S. House of Representatives Committee on Science, Space, &...

The Subcommittee on Environment of the United States House of Representatives Committee on Science, Space, & Technology (“Committee”) is holding a hearing today titled: ...Waters of the United States: Examining the Role of...more

Significant Nexus Lives! (For Now, In the 9th Circuit)

On November 27, 2017, the 9th Circuit affirmed the conviction of a Joseph Robertson, Montana man who: “discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Variances Under the Clean Water Act/New Developments in the Use of an Old Tool: Jordan Wimpy (Mitchell Williams) Arkansas...

Jordan P. Wimpy undertook a presentation at the Arkansas Environmental Federation’s annual Convention and Trade Show titled: Variances Under the Clean Water Act – New Developments in the Use of an Old Tool...more

Opposing NPDES Delegation to Massachusetts Is So 20th Century

On November 14, 2017, the Boston Globe joined most local environmental organizations in opposing delegation of the NPDES program to Massachusetts. How wrong is this? Let me count the ways....more

U.S. Environmental Protection Agency Science Advisory Board/Board of Scientific Counselors: Arkansas Department of Environmental...

The Arkansas Department of Environmental Quality (“ADEQ”) announced in a November 3rd news release that its Chief Technical Officer, Dr. Robert Blanz, P.E., has been appointed to serve on two prestigious United States...more

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

U.S. EPA Environmental Appeals Board: Colrain, Massachusetts Cotton Bleachery Challenges NPDES Permit Copper Limit

The Barnhardt Manufacturing Company (“BMC”) filed an October 12th Appeal for Review (“Appeal”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain...more

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82...more

New Wave of Climate Change Related Litigation Focuses on Industry

by Miles & Stockbridge P.C. on

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...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

Meet the New WOTUS. Same as the Old WOTUS.

Earlier this week, EPA and the ACOE began implementing the Trump administration’s efforts to deconstruct the Obama rule defining “Waters of the United States” under the Clean Water Act. EPA and the ACOE submitted for Federal...more

Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers...more

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

EPA to Host Events Soliciting Information on Regulatory Reforms

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) has announced that it will be hosting several events to gather input on regulatory actions that could be repealed, replaced or modified as part of EPA’s regulatory reform efforts...more

Environmental Notes - April 2017

by Williams Mullen on

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

by Williams Mullen on

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...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

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Implications of “Waters of the U.S.” (WOTUS) Rule Rollback for Pesticide Permitting

by Bergeson & Campbell, P.C. on

President Trump’s February 28, 2017, Executive Order (E.O.) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest...more

Environmental Notes - February 2017

by Williams Mullen on

President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more

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