News & Analysis as of

Pollution Control Water Pollution

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,...

Citizen Suit Action/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue U.S. Environmental Protection Agency...

The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute....more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Justice Update: The Justice40 Initiative

Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more

Allen Matkins

California Environmental Law & Policy Update 3.15.24

Allen Matkins on

In response to critics who said that proposed new statewide water conservation rules — aimed at cutting urban water use even in years when California is not in a drought — were too complicated and costly, the State Water...more

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

Holyoke, Massachusetts, Clean Water Act NPDES Permit: U.S. EPA Environmental Appeals Board Petition Filed

The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more

Beveridge & Diamond PC

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

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The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

(ACOEL) | American College of Environmental...

The Real Cost of Food

What we grow and produce in America affects our air, water, climate, wildlife, public health, and more. The Farm Bill is likely the most significant environmental law Congress will address this year. This is the first of four...more

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

Arkansas Water and Air Pollution Control Act Enforcement: Arkansas Department of Energy & Environment - Division of Environment...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and White Rock Oil & Gas Company, LLC (“White Rock”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an...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

Troutman Pepper

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

Troutman Pepper on

On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...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

Foley Hoag LLP - Environmental Law

Is Litigation the Solution to Plastic Pollution?

Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo.  At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a...more

Burns & Levinson LLP

“Phosphogeddon” – An Opportunity for Wastewater Treatment and Solids Management?

Burns & Levinson LLP on

The epic depletion of naturally occurring phosphorous in the environment, or “Phosphogeddon,” as it is euphemistically called often by some who discount its significance, may be the next great environmental challenge, ranking...more

Verrill

The Plastics Problem in Massachusetts

Verrill on

In The Graduate, Mr. McGuire pulls aside Benjamin Braddock, played by Dustin Hoffman, and utters “one word” of career advice – “plastics.”  Benjamin’s diffident reaction reflects his wealthy suburban character’s utter lack of...more

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

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

ArentFox Schiff

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

ArentFox Schiff on

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

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

Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source

A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more

K&L Gates LLP

EPA's Draft Plastics Strategy: A Road Map of What Comes Next

K&L Gates LLP on

The U.S. Environmental Protection Agency (EPA or the Agency) recently released a “Draft National Strategy to Prevent Plastic Pollution.” Depending on its ultimate composition, the final strategy could materially affect the...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

(ACOEL) | American College of Environmental...

Austin: A Battle Among Progressives

The City of Austin has become a battleground for progressive initiatives. On June 9, the City Council approved a resolution directed at water quality, flooding, and environmental justice. Surprisingly, these laudable...more

Goldberg Segalla

Microplastics Found for the First Time in Freshly Fallen Snow

Goldberg Segalla on

In a study published last week, researchers at the University of Canterbury in New Zealand identified microplastics in freshly fallen snow samples collected from 19 different sites across the Ross Island region of Antarctica....more

(ACOEL) | American College of Environmental...

UN Special Rapporteur Targets ‘Sacrifice Zones’ Caused by the Ongoing Toxification of People and the Planet

In his latest report, the sixth in a series of thematic reports, Professor David Boyd, the UN Special Rapporteur on Human Rights and the Environment celebrates a turning point in the evolution of human rights: the October 8,...more

Stinson LLP

EPA Proposes Accelerating Nutrient Reductions

Stinson LLP on

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

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