[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
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
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
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
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
As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more
Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more
The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more
The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more
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
The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more
Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more
This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more
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
Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting, allowing the rule to be as...more
In September 2022, the U.S. Environmental Protection Agency (EPA) Region 1 issued a decision to use its Clean Water Act (CWA) Residual Designation Authority (RDA) to require National Pollution Discharge Elimination System...more
The United States Environmental Protection Agency (“EPA”) issued a December 5th memorandum titled: Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs (“Memorandum”)...more
The United States Environmental Protection Agency (“EPA”) and State of Illinois entered into a Consent Decree (“CD”) with Prairie State Solar, LLC (“Prairie State”) to address alleged violation of the Clean Water Act...more
A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more
The United States Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) entered into an August 25th Consent and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...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
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
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
A number of water quality organizations in coordination with the United States Environmental Protection Agency (“EPA”) developed a March 2022 report titled: Navigating the NPDES Permitting Process for Water Reuse...more
Last week, EPA and the Army Corps proposed a new rule to define what constitutes “waters of the United States.” Déjà vu all over again. Under the proposal, the agencies: are exercising their discretionary authority to...more
The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater...more