News & Analysis as of

Permits Water Quality

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

Dickinson Wright

Supreme Court Limits EPA's Power Over NPDES Water Permits

Dickinson Wright on

In a much-anticipated decision, the U.S. Supreme Court significantly narrowed the EPA's authority under the Clean Water Act (CWA) to impose so-called "end-result" requirements in NPDES permits. These "end-result" requirements...more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

Womble Bond Dickinson on

The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

Harris Beach Murtha PLLC

Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of London Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of London, Arkansas entered into a February 25th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

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

BakerHostetler

Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

BakerHostetler on

On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more

WilmerHale

San Francisco v. EPA: Impact on Clean Water Act Permittees

WilmerHale on

On Tuesday, March 4, the United States Supreme Court issued a major decision limiting the scope of the Environmental Protection Agency’s (EPA) authority under the Clean Water Act (CWA) as relates to permits governing...more

Nossaman LLP

City and County of San Francisco vs. EPA: Implications for Clean Water Act Permittees

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

Holland & Knight LLP

In San Francisco v. EPA, Supreme Court Continues Its "Righting" of the Clean Water Act

Holland & Knight LLP on

With its opinion in San Francisco v. EPA, the U.S. Supreme Court has again acted to "right" the implementation of the federal Clean Water Act by overturning a U.S. Court of Appeals for the Ninth Circuit interpretation of the...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

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

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

Wastewater Enforcement: Arkansas Department of Energy and Environment and Independence County Wastewater Treatment Facility Enter...

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

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

95th Arkansas General Assembly: Senate Bill 84 Prohibits Buffalo River and Other Watersheds Permitting Moratoriums

Senate Bill 84 has been introduced by Senator Blake Johnson of Corning and Representative DeAnn Vaught of Horatio prohibiting moratoriums in watersheds and other bodies of water....more

Dorsey & Whitney LLP

The Supreme Court Update - May 28, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in one case: San Francisco v. EPA, No. 23-753: This case involves interpretation of the federal Clean Water Act (CWA) and its National Pollutant Discharge...more

Alston & Bird

Los Angeles Regional Water Quality Control Board Drafts NPDES Permit for Commercial, Industrial, and Institutional Facilities

Alston & Bird on

The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural...more

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

Creating Confidence in Clean Water Permitting Act: U.S. House of Representatives Passes Legislation

The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more

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

Section 401/Clean Water Act: Arkansas Attorney General and 10 Other States Challenge U.S. Environmental Protection Agency...

Arkansas Attorney General Tim Griffin and 10 other states filed in the United States District Court for the Western District of Louisiana (“Court”) a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the...more

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

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

Arkansas Division of Environmental Quality/Office of Water Quality Update: Stacie Wassell (Deputy Associate Director) Arkansas...

Ms. Stacie Wassell undertook a presentation on October 6th at the Arkansas Environmental Federation Convention titled: Office of Water Quality Update (“Presentation”) - Ms. Wassell serves as the Deputy Associate Director...more

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

Missouri Nutrient Trading Program: Missouri Department of Natural Resources Public Notices Draft Revisions

The Missouri Department of Natural Resources (“MDNR”) is public noticing a revised draft of its Missouri Nutrient Trading Program (“Draft”) that was originally announced in April. MDNR states that the document outlines...more

Lippes Mathias LLP

EPA Proposes New Water Quality Certification Rule in Response to Trump Administration’s 2020 Regulatory Changes

Lippes Mathias LLP on

On June 1, 2022, the U.S. Environmental Protection Agency (“EPA”) released a Proposed Rule aimed at modifying the Clean Water Act (“CWA”) Section 401 Certification Process in response to regulatory changes made by the Trump...more

Kelley Drye & Warren LLP

TCEQ Responds to Environmental Justice Concerns by Expanding Permit Requirements Designed to Enhance

The Texas Commission on Environmental Quality (“TCEQ”) has issued new rules that require many air, water rights, and water quality permit applications to provide alternative language translations of public notices and...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

Downey Brand LLP on

The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

(ACOEL) | American College of Environmental...

Oh, Congress Forgot The Science

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

Beveridge & Diamond PC

Fourth Circuit Weighs In On Rules For Clean Water Act’s One-Year Deadline for State Water Quality Certifications for Federal...

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On July 2, 2021, the U.S. Court of Appeals for the Fourth Circuit waded into the controversy surrounding proper interpretation of the one-year deadline for state action contained in Section 401 of the Clean Water Act. Its...more

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