News & Analysis as of

Pollution Control Water Quality

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

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...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

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The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed...more

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

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

Reduction of Lead Exposures and Disparities in U.S. Communities: U.S. Environmental Protection Agency Strategy Released

The United States Environmental Protection Agency (“EPA”) released a document titled: Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (October 2022) (“Strategy”)...more

Goldberg Segalla

New Microplastics Requirements Put California’s Drinking Water to the Test

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As previously reported in ELM, microplastics – plastic fragments smaller than 5 millimeters in length – have been found everywhere from Antarctica...more

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

Mercury/Water Quality Standards: North Dakota Notice of Intent to Sue U.S. Environmental Protection Agency

The North Dakota Attorney General (“AG”) sent a document to the United States Environmental Protection Agency (“EPA”) styled: 60-Day Notice of Intent to Sue for Failure to Perform Nondiscretionary Duty under the Clean...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

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,...

2023 Triennial Review/Arkansas Water Quality Standards: Arkansas Department of Energy & Environment - Division of Environmental...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) announced it is initiating its 2023 Triennial Review of Arkansas’s Water Quality Standards (“WQS”). The WQS are found in...more

Nossaman LLP

California Adopts First-in-the-Nation Microplastics Reduction Strategy

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Last week, the Ocean Protection Council adopted California’s Statewide Microplastics Strategy. The strategy is the first of its kind in the nation, focusing on outlining steps to address microplastic pollution, an emerging...more

Robinson+Cole Environmental Law +

EPA’s Draft Strategic Plan Emphasizes Environmental Justice

On October 1, 2021, the U.S. Environmental Protection Agency (EPA) released its new Draft Strategic Plan for 2022 through 2026 (Strategic Plan). EPA is required to develop the Strategic Plan to communicate EPA’s priorities...more

(ACOEL) | American College of Environmental...

Oh, Congress Forgot The Science

In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

(ACOEL) | American College of Environmental...

Chesapeake Restoration Update

At ACOEL’s 2019 annual meeting in Williamsburg I chaired a panel on the ongoing restoration of the Chesapeake Bay Watershed, which I described as the biggest, and arguably the best, example of cooperative federalism in the...more

Bricker Graydon LLP

H2Ohio water quality plan unveiled

Bricker Graydon LLP on

On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

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

401 Water Quality Certification/Enbridge Pipeline Project: Minnesota Pollution Control Agency Denial (Without Prejudice)

The Minnesota Pollution Control Agency (“MPCA”) issued a September 27th denial without prejudice of Enbridge Energy, Limited Partnership’s (“Enbridge”) request for a Clean Water Act 401 Water Quality Certification. The...more

Hogan Lovells

Water Snippets

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Hogan Lovells Publications | 26 February 2019 Industries and municipalities contribute to Vaal river pollution, SAHRC hears There is continued unlawful spillage, mainly sewage, into waterways that run into the Vaal river from...more

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

United States Environmental Protection Agency Water Quality Trading Policy - February 2019

The United States Environmental Protection Agency (“EPA”) issued on February 6th what it describes as an update to the federal agency’s Water Quality Trading Policy. The document is titled: Updating the Environmental...more

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

Consolidation of Arkansas Cabinet-Level Agencies/92nd Arkansas General Assembly: Department of Energy and Environmental Bill Filed

House Bill 1215 (“H.B. 1215”) was filed that would create the Department of Energy and Environment (“DEE”). Arkansas Governor Asa Hutchinson announced earlier this fall his proposal to consolidate cabinet-level departments...more

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

C & H Hog Farms, Inc. (Newton County, Arkansas): Request for Adjudicatory Hearing and Commission Review/Stay of Regulation 5...

C & H Hog Farms, Inc. (“C & H”) filed a “Request for Adjudicatory Hearing and Commission Review and Stay” (“Request”) related to the Arkansas Department of Environmental Quality (“ADEQ”) denial of its application for an...more

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

Section 401/Clean Water Act: Association of Clean Water Administrators' June 15th Letter to U.S. Army Corps of Engineers

The Association of Clean Water Administrators (“ACWA”) sent a June 15th letter to Mr. James C. Dalton, P.E., Director of Civil Works of the United States Army Corps of Engineers (“Corps”) addressing the state’s use of Section...more

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

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

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

Arkansas Natural Resources Commission Solicitation: Projects, Programs, Initiatives and Activities Related to Water Quality...

The Arkansas Natural Resources Commission (“ANRC”) states that it is, in cooperation with the University of Arkansas Division of Agriculture Public Policy Center, soliciting information: - . . . of Water Quality...more

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