News & Analysis as of

Pollution Control Clean Water Act Enforcement

Morgan Lewis

In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits

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The US Supreme Court held in City and County of San Francisco v. EPA that the US Environmental Protection Agency lacks authority under the Clean Water Act to include “end-result” limitations in National Pollutant Discharge...more

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

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Laconia, New Hampshire Car Care Center Enter...

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Laconia, New Hampshire Car Care Center Enter into Expedited Settlement Agreement - The United States Environmental Protection Agency (“EPA”)...more

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

Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Jasper, Arkansas entered into a December 4th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Stormwater Enforcement: Oregon Department of Environmental Quality Proposed Order Addressing Portland Metal Services Center

The Oregon Department of Environmental Quality (“ODEQ”) issued a July 11th Notice of Penalty Assessment and Order (“Order”) to I.S.S.C. Incorporated, dba Oregon Metal Services (“OMS”) addressing alleged violations of a Clean...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Strong, Arkansas entered into a July 18th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 25th Consent Administrative Order (“CAO”)...more

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

Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United...

A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black...more

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

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of De Queen, Arkansas entered into a June 17th Consent Administrative Order addressing alleged violations of a Clean Water...more

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

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On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...more

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

Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Farmington...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“ADEQ”) and M&S Properties, LLC (“M&S”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Foley Hoag LLP - Environmental Law

More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?

Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and...more

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

404/Clean Water Act Enforcement: United States/West Virginia and Glenville, West Virginia, Oil and Gas Company Enter into Consent...

The United States Department of Justice and the State of West Virginia entered into a September 28th Consent Decree (“CD”) with Waco Oil and Gas Company, Inc. (“Waco”) addressing alleged violations of both the Clean Water Act...more

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

Citizen Suit Enforcement/Clean Water Act: Black Warrior Riverkeeper, Inc. Notice of Intent to Sue Birmingham, Alabama, Foundry...

The Southern Environmental Law Center on behalf of Black Warrior Riverkeeper, Inc., and the Greater-Birmingham Alliance to Stop Pollution (collectively, “Riverkeeper”) sent a July 14th Notice of Intent (“NOI”) to file a...more

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

Environmental Criminal Enforcement: Former Owner of Orange County, California, Wastewater Treatment Facility Pleads Guilty to...

The U.S. Attorney’s Office (Central District of California) issued a January 13th news release stating that Tim Miller (“Miller”) and his company Klean Waters Inc. (“Klean Waters”) each pleaded guilty to one felony count of...more

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