News & Analysis as of

Pollution Control State and Local Government Regulatory Requirements

Holland & Knight LLP

Is It Time to Reconsider What Can Realistically Be Done About PFAS?

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Inside EPA is reporting that the Association of State Drinking Water Administrators (ASDWA) and New England Interstate Water Pollution Control Commission (NEIWPCC), among others, are complaining that the U.S. Environmental...more

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

FY 2026 Federal Grant Funding for State and Local Clean Air Agencies: National Association of Clean Air Agencies Recommendations

The National Association of Clean Air Agencies (“NACAA”) issued a document titled: Recommendations for FY 2026 Federal Grant Funding for State and Local Clean Air Agencies (“Recommendations”)....more

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

Glass Recycling: Bill Introduced Before the Utah Legislature Mandating Study to Increase Consumption

H.B. 177 has been submitted into the 2025 General Session of the Utah Legislature addressing recycling of glass....more

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

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

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

2022 Triennial Review/Arkansas Water Quality Standards: U.S. Environmental Protection Agency March 27th Letter Approving 2022...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) sent a March 27th letter to Stacie Wassell, Associate Director for the Office of Water Quality at the Arkansas Department of Energy and...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Grainger County Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Springdale Baking Facility...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newly Weds Foods, LLC (“NWF”) entered into a March 25th Consent Administrative Order (“CAO”) addressing and alleged violation...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Marshall County Specialty Tank Manufacturer Enter...

The Alabama Department of Environmental Management (“ADEM”) and Pinnacle Manufacturing, LLC (“Pinnacle”) entered into a March 5th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste regulations....more

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

Title V/Clean Air Act: Harris County, Texas Petition to Object Filed Addressing Deer Park Chemical Manufacturing Facility

Harris County, Texas filed a March 10th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related to the Lubrizol Corporation’s Deer Park Plant (“Plant”)....more

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 13th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy Oil”) addressing alleged violations of the Tennessee Underground...more

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little River County...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Little River County entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

BakerHostetler

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

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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

Holland & Hart LLP

Supreme Court Invalidates "End-Result" Provisions in Clean Water Act Discharge Permits

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The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more

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

PFAS Removal Report/Strategies/Funding Options to Address PFAS Removal in Drinking Water/Wastewater: Minnesota Pollution Control...

The Minnesota Pollution Control Agency (“MPCA”) prepared a January 2025 Report titled: PFAS Removal Report – Strategies and funding options to address PFAS removal in drinking water and wastewater (“Report”)....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Air Curtain Incinerator...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

Jackson Walker

U.S. Supreme Court Limits EPA’s Wastewater Permitting Authority in Major Clean Water Act Decision

Jackson Walker on

On March 4, 2025, the United States Supreme Court issued a decision in City and County of San Francisco v. Environmental Protection Agency[i], which restricted the scope of the Environmental Protection Agency’s (“EPA”)...more

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

95th Arkansas General Assembly: Senate Bill Introduced to Repeal Small Business Revolving Loan Fund for Pollution Control and...

Senator Irvin of Mountain View has introduced Senate Bill 367 which would repeal the Small Business Revolving Loan Fund for Pollution Control and Prevention Technologies Act (“Act”). The Act is found in Chapter 5,...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Jonestown Cottonseed Oil Mill Owner Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Cottonseed Co Op Corporation (“CCC”) entered into an October 25th Agreed Order (“AO”) addressing alleged violations of a Title V Operating Permit. See Order No....more

Greenberg Glusker LLP

When Wildfire Toxins Contaminate Stormwater: Essential IGP Compliance Steps

Greenberg Glusker LLP on

On February 14, 2025, the California State Water Resources Control Board (State Water Board) issued a compliance guidance letter for industrial facilities subject to the Statewide Industrial Stormwater General Permit (IGP)...more

Fox Rothschild LLP

Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives

Fox Rothschild LLP on

Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of...more

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

Landfill Leachate: New Hampshire Bill Proposes Requirement for Detailed Management Plan

House Bill 566-FN (“566”) has been introduced into the 2025 New Hampshire legislative Session addressing landfill leachate. 566 would require permit applications for new landfills in the state to contain a detailed plan...more

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

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Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more

Verrill

Maine DEP Issues New Maine Construction General Permit

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On January 14, 2025, the Maine Department of Environmental Protection (“DEP”) issued a new Maine Construction General Permit (“MCGP”). The new permit replaces the prior 2006 MCGP, which expired and had been administratively...more

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

Water Withdrawals/Duck River: Southern Environmental Law Center and Tennessee Department of Environment and Conservation Enter...

The Southern Environmental Law Center (“SELC”) on behalf of the Tennessee Wildlife Federation entered into multiple Settlement Agreements (“Agreements”) with the Tennessee Department of Environment and Conservation (“TDEC”)...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more

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