News & Analysis as of

Petition for Review Clean Water Act

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

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

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

Preliminary Effluent Guidelines Program Plan 15: U.S. Environmental Protection Agency Announces Initiation of Meat and Poultry...

A United States Environmental Protection Agency (“EPA”) news release states the agency has released the Preliminary Effluent Guidelines Program 15 (“Plan 15”) which identifies the initiation of a Clean Water Act rulemaking to...more

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

Combined Sewer System/NPDES Permit: City/County of San Francisco U.S. EPA Environmental Appeals Board Petition for Review

The City and County of San Francisco (collectively “San Francisco”) filed a January 13th pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for...more

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

Meat and Poultry Products Industrial Point Source Category/Clean Water Act: Center for Biological Diversity U.S. Court of Appeals...

The Center for Biological Diversity (“CBD”) and a number of other organizations filed a December 18th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) determination...more

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

Power Plant/Clean Water Act: Citizen Groups U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Sierra Club and other organizations filed a November 1st Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

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

Phosphorus/Clean Water Act: Massachusetts Sanitary District U.S. EPA Environmental Appeals Board Challenge to NPDES Permit...

The Greater Lawrence Sanitary District (“District”) filed before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board an October 25th document titled: Petition for Review of Greater...more

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

Ammonia/Clean Water Act: City of Nezperce, Idaho Challenges NPDES Ammonia Limit Before the U.S. EPA Environmental Appeals Board

The City of Nezperce, Idaho, (“City”) submitted a July 25th Petition for Review (“Petition”) challenging a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) ammonia permit limit for its wastewater...more

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

Plastic Manufacturing Facilities/Clean Water Act: Environmental Organizations Petition U.S. Environmental Protection Agency...

Approximately 270 environmental and community organizations submitted a July 23rd Petition to the United States Environmental Protection Agency (“EPA”) seeking the review and revision of certain Clean Water Act (“CWA”)...more

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

Mixing Zone/Clean Water Act: U.S. EPA Environmental Appeals Board Addresses Challenge to Sandpoint, Idaho Wastewater Treatment...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a June 13th Order Addressing a Petition filed to review a Sandpoint, Idaho wastewater treatment facility (“Facility”) Clean...more

Ward and Smith, P.A.

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

Ward and Smith, P.A. on

The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...more

Snell & Wilmer

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

Snell & Wilmer on

Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s...more

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

Phosphorus/Clean Water Act: U.S. EPA Environmental Appeals Board Petition Challenging Sandpoint, Idaho NPDES Permit

The Idaho Conservation League (“ICL”) filed a July 11th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions in a...more

Stoel Rives - Environmental Law Blog

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

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

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

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

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

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