News & Analysis as of September 20, 2024

Storm Water

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/17/2024

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/20/2024

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

Environment & Energy Insights (August 2024)

Nutter McClennen & Fish LLP on 8/12/2024

Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

Mintz on 5/29/2024

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on 5/23/2024

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

EPA and the Corps Promulgate a “Durable” WOTUS Rule — Proving Only That There Is a Difference Between Hope and Expectation

Foley Hoag LLP - Environmental Law on 1/4/2023

Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting, allowing the rule to be as...more

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/9/2022

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

EPA is exercising Clean Water Act muscle in a way it never has before, in Massachusetts of all places!

Mintz on 9/15/2022

Many years ago the Conservation Law Foundation sued the Federal Environmental Protection Agency in an attempt to cause EPA to exercise its "residual designation authority" under the Federal Clean Water Act to require permits...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/24/2019

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/22/2017

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Ninth Circuit’s Fanciful Interpretation of the Clean Water Act Ripe for another Reversal?

BakerHostetler on 9/11/2013

Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....more

Recent U.S. Supreme Court Decisions Impacting Environmental and Regulatory Law

Pillsbury Winthrop Shaw Pittman LLP on 7/17/2013

The recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

No Permit Required For Timber Harvesting

Burr & Forman on 4/5/2013

The U. S. Supreme Court’s March 20, 2013, decision in Decker v. Northwest Environmental Defense Center is good news for the logging industry. The Clean Water Act (Act) and EPA’s Silvicultural Rule (Regulation) do not require...more

U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff

Perkins Coie on 3/22/2013

The U.S. Supreme Court has reversed a 2010 Ninth Circuit Court of Appeals decision and reaffirmed that a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) point source discharge permit is not...more

Logging Roads Get A Pass – At Least For Now

Davis Wright Tremaine LLP on 3/22/2013

Yesterday, in a 7-1 decision with Justice Scalia the lone dissenter, the U.S. Supreme Court handed a major victory to the forest products industry. As it does so often, the Court reversed a Ninth Circuit ruling that had...more

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

Pillsbury Winthrop Shaw Pittman LLP on 1/29/2013

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

U.S. Supreme Court Overturns Effort To Hold Stormwater Permit Holder Liable For Condition Of Waters Passing Through

Burr & Forman on 1/25/2013

The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their...more

U.S. Supreme Court Issues Clean Water Act Opinion

Burr & Forman on 1/21/2013

On January 8, 2013, the U.S. Supreme Court, in a unanimous decision reversing the Ninth Circuit Court of appeals, held that “the flow of water from an improved portion of a navigable waterway into an unimproved portion of the...more

California Environmental Law and Policy Update - January 10, 2013

Allen Matkins on 1/11/2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act

Sheppard Mullin Richter & Hampton LLP on 1/11/2013

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation,...more

U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water...

Holland & Knight LLP on 1/11/2013

On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure...more

Supreme Court Reverses Ninth Circuit: Absent a "Discharge of a Pollutant" Receiving Water Exceedances are not a Violation of Clean...

Nossaman LLP on 1/9/2013

On January 8, 2013, the United States Supreme Court reversed the Ninth Circuit Court of Appeals, which had found that the owner and operator of a storm drain system and permittee under a federal Clean Water Act (CWA) Section...more

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