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Jenner & Block

Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

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As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...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

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

ArentFox Schiff on

Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper on

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

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

Toxic Pollutant/Priority Pollutant Lists/Pretreatment Determinations: Environmental Organizations Petition U.S. Environmental...

The Northwest Environmental Advocates and Center for Biological Diversity (collectively “NEA”) submitted a July 31st document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Rulemaking...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Town of Wesson Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Wesson, Mississippi (“Wesson”) entered into a May 5th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant...more

Goldberg Segalla

Advancing Environmental Justice: EPA Releases New Roadmap to Address Cumulative Impacts

Goldberg Segalla on

The Environmental Protection Agency recently published a Cumulative Impacts Addendum (“Addendum”) to its Legal Tools to Advance Environmental Justice (“EJ Legal Tools”), issued in May 2022....more

J.S. Held

U.S. EPA’s First Usage of Clean Water Act Residual Designation Authority & Environmental Justice

J.S. Held on

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

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

Nutrients/Clean Water Act: Association of Clean Water Administrators Comments on U.S. Environmental Protection Agency Memorandum

The Association of Clean Water Administrators (“ACWA”) submitted November 3rd comments on a Memorandum United States Environmental Protection Agency (“ EPA”) issued on April 5th titled: Accelerating Nutrient Pollution...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

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

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Stinson LLP

EPA Proposes Accelerating Nutrient Reductions

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Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. - The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more

Jenner & Block

Earth Week Series: The Future of Environmental Regulation

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As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

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

Accelerating Nutrient Pollution Reductions in the Nation's Waters: April 5th U.S. Environmental Protection Agency Memorandum

U.S. Environmental Protection Agency (“EPA”) Assistant Administrator for Water, Radhika Fox, issued an April 5th memorandum titled: Accelerating Nutrient Pollution Reductions in the Nation’s Waters (“Memorandum”)...more

Jenner & Block

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice...

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On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more

Allen Matkins

California Environmental Law & Policy Update - December 2020 #2

Allen Matkins on

New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more

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

Normal Operation of Railcars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board...

The United States Surface Transportation Board (“STB”) instituted a Declaratory Order proceeding on February 19th that will address whether 49 U.S.C. 10501(b): . . . preempts the Clean Water Act’s (CWA) discharge...more

Holland & Knight LLP

Railroads Seek to Avoid a Patchwork Quilt of Regulatory Requirements

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• The Clean Water Act imposes permitting obligations on "point sources." • Should those obligations apply to railroad cars, which move freely from state to state? • The U.S. railroad industry has asked the Surface...more

Gray Reed

Not Everybody Can Sue the EPA

Gray Reed on

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more

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

Arkansas Department of Environmental Quality Overview/Air Quality Update: Stuart Spencer (Associate Director Office of Air...

Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more

Robinson & Cole LLP

Courts Still Trying to Plug the Clean Water Act’s Holes: Meanwhile, Tanks, Pipes, Pits, and Other Leaking Facilities Remain...

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OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more

Lewitt Hackman

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

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Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Butler Snow LLP

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

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Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

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

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

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