[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes....more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the U.S. Army Corps of Engineers (“Corps”) entered into a January 23rd Consent Administrative Order (“CAO”) addressing alleged...more
On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or “the Agency”) from setting qualitative limits based on the condition of the “receiving waters” that...more
In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more
The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Select Sands America Corp. (“Select Sands”) entered into a July 10th Consent Administrative Order (“CAO”) addressing alleged...more
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
The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more
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
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
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas Gravel Co., Inc. (“AGCI”) entered into a November 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more
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
In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more
AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more
The United States Environmental Protection Agency (“EPA”) issued on February 6th what it describes as an update to the federal agency’s Water Quality Trading Policy. The document is titled: Updating the Environmental...more
OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more
The United States Environmental Protection Agency (“EPA”) published a May 2018 document intended to respond to what it describes as “Frequently Asked Questions” regarding the recently issued Clean Water Act Dental Effluent...more
Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more
On February 1, the Ninth Circuit issued a decision that has the potential to sweep regulated groundwater discharges that reach surface waters, and similarly remote-in-place discharge situations, into the Clean Water Act’s...more
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
The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more