News & Analysis as of

Permits Discharge of Pollutants

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Maben, Mississippi Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Maben, Mississippi (“City”) entered into a September 19th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollution...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Concrete Aggregate Processing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Super Concrete Corporation (“SCC”) entered into a September 7th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Water Act...more

Challenge to NPDES Permit Conditions: Union County, Arkansas Chemical Manufacturing Facility Request for Adjudicatory Hearing...

El Dorado Chemical Company (“EDCC”) filed a September 27th Request for Adjudicatory Hearing before the Arkansas Pollution Control and Ecology Commission. The request addresses a Clean Water Act National Pollution Discharge...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

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

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

CWA Citizen Suit Dismissed Where Plaintiffs Failed to Allege “Conveyance of Pollutants Into Navigable Waters

On April 20, the U.S. District Court for the District of South Carolina, Anderson Division, dismissed the plaintiffs’ Clean Water Act (CWA) Citizen Suit which alleged that the defendant pipeline operators had violated the CWA...more

New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

by Thompson Coburn LLP on

Can a discharger violate a general narrative state water quality standard incorporated into its national pollutant discharge elimination system (“NPDES”) permit when the permit does not contain specific numeric effluent...more

EPA Publishes Final Rule for Small MS4 General Discharge Permits

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

CWA: EPA Settlement Telegraphs Changes to General Permit Coverage for Facilities with Coal Tar Sealed Pavement

by Bergeson & Campbell, P.C. on

On August 16, 2016, the U.S. Environmental Protection Agency (EPA) reached a settlement in Clean Water Act (CWA) lawsuits filed over its 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial...more

EPA Decides No Additional Regulations Are Needed to Address Stormwater Discharges from Forest Roads Under the Clean Water Act

by Pierce Atwood LLP on

The Environmental Protection Agency (EPA) has determined that, at this time, no additional regulations are needed to address stormwater discharges from forest roads under Section 402(p)(6) of the Clean Water Act (CWA). The...more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

by Perkins Coie on

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

by Pierce Atwood LLP on

Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

U.S. EPA’s Proposed Rule Would Modernize NPDES Regulations

Earlier this month, the United States EPA proposed a rule (“Proposed Rule”) that would update and revise National Pollutant Discharge Elimination System (“NPDES”) regulations. Rather than reopening the existing NPDES...more

Does Your Toxic Release Inventory Make You a Target for Enforcement?

by Beveridge & Diamond PC on

Summary: The U.S. Environmental Protection Agency’s Office of the Inspector General is examining the Agency’s usage of Toxic Release Inventory data to evaluate companies’ compliance with surface water discharge permitting...more

B.C. Environmental Appeal Board Rejects Precautionary Principle in Favour of “Cautious Approach”

In a recent decision upholding an air permit amendment issued to Rio Tinto Alcan Inc. (Rio Tinto) for the expansion of its smelter in Kitimat, the British Columbia Environmental Appeal Board (Board) ruled on a number of key...more

UK government introduces enhanced enforcement powers for environmental permitting breaches

by Reed Smith on

Earlier this month the government published its response to a consultation on proposals to enhance regulators’ enforcement powers to deal with environmental permitting breaches. Simultaneously, the government has published...more

Ninth Circuit Holds no NPDES Permit Required for Klamath Straits Drain

by Nossaman LLP on

In ONRC Action v. U.S. Bureau of Reclamation, the United States Court of Appeals for the Ninth Circuit held that the Bureau of Reclamation was not required to secure a National Pollutant Discharge Elimination System ("NPDES")...more

Minimizing Risk Under the Clean Water Act

by WilmerHale on

The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more

Do You Need To Permit Your Stormwater Discharge?

by LeClairRyan on

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System (NPDES) in the 1972 Clean Water Act. Yet, confusion remains about which activities and discharges actually require...more

What You Need To Know About EPA’s New Stormwater Permit

by LeClairRyan on

In late September, just before the government shutdown, EPA released its draft “Multi-Sector General Permit” (MSGP) for stormwater discharges from industrial sources. The MSGP is important for two reasons. First, it is the...more

Ninth Circuit’s Fanciful Interpretation of the Clean Water Act Ripe for another Reversal?

by BakerHostetler on

Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....more

More on the Permit Shield Defense: A Permittee Is — Gasp — Entitled to Rely on Regulations and Permits Issued by Delegated State...

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the nature of its discharge. Now we see the flip side. In Wisconsin Resources...more

EPA Enters into the 21st Century with New Clean Water Act Reporting Requirements

by Reed Smith on

Clean Water Act Discharge Permits to go Electronic - Since the National Pollution Discharge Elimination System (NPDES) permit requirements were first adopted by EPA back in 1972, the program has undergone significant...more

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