News & Analysis as of

NPDES PFAS

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

Best Best & Krieger LLP

PFAS Hazardous Substances Designation Goes into Effect

New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more

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

Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources: Source Water Collaborative Report

A May 2024 report has been issued titled: New Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources (“Guide”). The Guide was issued by the Source Water Collaborative (“SWC”)....more

Nutter McClennen & Fish LLP

Real Estate Round Up: Environment & Energy Insights (May 2024)

We are pleased to introduce the inaugural issue of the Real Estate Round Up, a monthly update on current trends, with the first month focusing on Environment and Energy insights. This month’s edition features key topics such...more

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

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

PFAS/Refinery: Denver Trout Unlimited Files Administrative Challenge to Colorado of Public Health and Environment NPDES Permit...

Denver Trout Unlimited, GreenLatinos, and the Colorado Sierra Club (collectively “Trout Unlimited”) filed an April 5th Request for an Adjudicatory Hearing (“Request”) before the Colorado Department of Public Health and...more

Holland & Hart LLP

CDPHE Issues New Changes Regarding PFAS

Holland & Hart LLP on

On February 29, 2024, the Colorado Department of Public Health and Safety (CDPHE) withdrew its prior amended version to the Industrial Stormwater General Permit for Non-Extractive Industries, COR900000 — even before its...more

Mintz

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

Mintz on

Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more

Lathrop GPM

EPA Encourages Inclusion of PFAS Monitoring in Discharge Permits

Lathrop GPM on

In August 2023, EPA released a best management fact sheet called Pollution Prevention Strategies for Industrial PFAS Discharges which provides information to address NPDES discharges containing PFAS under the Clean Water Act....more

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

Bacteria Effluent Limits/Logan International Airport: Massachusetts Port Authority Petitions U.S. EPA Environmental Appeals Board...

The Massachusetts Port Authority (“Authority”) filed a September 20th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of...more

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

PFAS/Clean Water Act Enforcement: Michigan Attorney General Files Judicial Action Against Grand Rapids Airport for Alleged...

The Michigan Attorney General (“AG”) filed a September 11th lawsuit in the Kent County 17th Judicial Circuit against the Gerald R. Ford International Airport Authority (“Airport Authority”) in Grand Rapids, Michigan. The...more

Troutman Pepper

Michigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority

Troutman Pepper on

Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to...more

Roetzel & Andress

Biden Administration Changes to Enforcement Policies

Roetzel & Andress on

This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more

McGlinchey Stafford

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

McGlinchey Stafford on

The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

Williams Mullen

PFAS and Your Wastewater Discharge Permit: What to Know and How PFAS Affects Permit Requirements

Williams Mullen on

Beginning with the PFAS Action Plan of 2019, it became clear to industry observers and environmental professionals that EPA intends to regulate PFAS compounds in industrial wastewater permits. The Action Plan identified an...more

McGlinchey Stafford

EPA PFAS Enforcement Has Begun

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

Mintz

Shooting fish in a barrel: Why I'm surprised the courts haven't already been flooded with PFAS Clean Water Act Citizen Suits.

Mintz on

Bloomberg Environment reports that a Georgia NGO has sued a textile manufacturer and the town in which the manufacturer is located over unpermitted discharges of the "forever chemicals" known collectively as PFAS into the...more

Beveridge & Diamond PC

New Enforcement of PFAS Requirements in CWA NPDES Industrial Permit

The U.S. Environmental Protection Agency (EPA) continues to expand its toolbox for addressing PFAS constituents — this time, by branching out into Clean Water Act (CWA) enforcement of industrial permit effluent limitations....more

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

U.S. EPA Environmental Appeals Board: City of Rochester, New Hampshire, Petition for Review/Wastewater Treatment National...

The City of Rochester, New Hampshire, (“Rochester”) filed an April 19th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of City of...more

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

PFAS/Stormwater Enforcement: U.S. Environmental Protection Agency Announces Issuance of Administrative Compliance Order on Consent...

The United States Environmental Protection Agency (“EPA”) issued an April 26th news release stating that it had issued a Clean Water Act Administrative Compliance Order on Consent (“AOC”) to the Chemours Company (“Chemours”)...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

Clark Hill PLC

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: EENR

Clark Hill PLC on

New regulatory developments and other actions regarding per- and polyfluoroalkyl substances (“PFAS”) will continue to be front of mind for the automotive and manufacturing industries in 2023. These activities include the...more

MG+M The Law Firm

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

MG+M The Law Firm on

The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

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

Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Pre-Publication Notices Program Plan 15

The United States Environmental Protection Agency (“EPA”) issued a pre-Federal Register Notice referencing the availability of preliminary Effluent Guidelines Program Plan 15 (“Plan 15”). Section 304(m) of the Clean...more

Miles & Stockbridge P.C.

U.S. EPA Takes 3 Big Steps to Tighten Controls on PFAS Chemicals

In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more

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