News & Analysis as of

Storm Water

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act NPDES and Construction Permits

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2026 MSGP - EPA released its proposed 2026 MSGP, which authorizes stormwater discharges associated with industrial activities in jurisdictions where EPA is the NPDES permitting authority, including Massachusetts, New...more

Beveridge & Diamond PC

Washington Ecology Issues its New Industrial Stormwater General Permit, Effective January 1, 2025

Key Takeaways - What Is Happening? The Washington State Department of Ecology (Ecology) published its final 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain...more

Vorys, Sater, Seymour and Pease LLP

USEPA Releases Draft General Permit for Industrial Stormwater Discharges

On Friday, Dec. 13, 2024, the Environmental Protection Agency (EPA) released a proposed draft 2026 Multi-Sector General Permit for Industrial Stormwater Discharges (MSGP). The MSGP is a general permit that regulates...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Deposit, New York Quarry Operator Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Sanford Stone, LLC (“Sanford”) entered into a November 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

Sullivan & Worcester

EPA Proposes New Stormwater Regulations for Three Boston Area Watersheds

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On October 31, 2024, Region 1 of the United States Environmental Protection Agency (“EPA”), which covers the New England states, proposed sweeping new requirements to regulate stormwater discharges from certain commercial,...more

Morgan Lewis

EPA Proposes Landmark Stormwater Regulation in Massachusetts

Morgan Lewis on

The US Environmental Protection Agency (EPA) has proposed a new draft general stormwater permit that, once finalized, will impose potentially onerous new requirements on more than 4,000 properties in the Charles, Neponset,...more

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

Stormwater Enforcement: Oregon Department of Environmental Quality Proposed Order Addressing Portland Metal Services Center

The Oregon Department of Environmental Quality (“ODEQ”) issued a July 11th Notice of Penalty Assessment and Order (“Order”) to I.S.S.C. Incorporated, dba Oregon Metal Services (“OMS”) addressing alleged violations of a Clean...more

Beveridge & Diamond PC

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

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On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties...more

Adler Pollock & Sheehan P.C.

2024 Rhode Island Environmental and Climate Priorities Update

In a time of rapidly shifting priorities on environmental and climate policies, our attorneys recently attended the Environmental Business Council’s annual R.I. Department of Environmental Management update, where leaders...more

Beveridge & Diamond PC

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated...

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Key Takeaways - What Is Happening? On October 31, 2024, the U.S. Environmental Protection Agency (EPA) Region 1 provided notice of two proposed actions pursuant to its “residual designation authority” (RDA) under the Clean...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Asphalt Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Waste Recycling (“WR”) entered into an August 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act stormwater...more

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

Stormwater Flow/Adjacent Properties: Complaint Filed in Lonoke, Arkansas Circuit Court Seeking Injunctive Relief/Damages

Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more

Mintz

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

Mintz on

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

Downey Brand LLP

Hello Again from NAFSMA

Downey Brand LLP on

If you don’t recall, NAFSMA is the National Association of Flood and Stormwater Management Agencies, and I am attending NAFSMA’s 46th annual conference in Colorado Springs, Colorado....more

Cozen O'Connor

GOP AGs Urge Supreme Court to Limit Citizen Suits Under the Clean Water Act

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A group of 25 Republican AGs submitted an amicus brief to the U.S. Supreme Court in Port of Tacoma, et al. v. Puget Soundkeeper Alliance, supporting the petition for certiorari in a case regarding whether the Clean Water Act...more

DLA Piper

Food and Beverage News and Trends - October 2024 #2

DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. USDA extends comment period on new salmonella rule for poultry....more

Downey Brand LLP

“Live from Colorado Springs, it’s NAFSMA!”

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It’s “what?” you might ask. NAFSMA, the National Association of Flood and Stormwater Management Agencies, was formed 46 years ago as a place where public agencies in the flood and stormwater space could come together, learn...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey DEP’s Resilient Environments and Landscapes (REAL) Regulations: An Overview of the Proposed Rulemaking and Its Impacts...

The New Jersey Department of Environmental Protection (NJDEP) is immersed in one of the most impactful rulemaking proceedings in the state’s history in an effort to implement regulatory changes to address and mitigate the...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Natchez Construction Project Owner Enter into Agreed...

The Mississippi Commission on Environmental Quality (“Commission”) and Complete Oil Field Disposal, LLC. (“COD”) entered into an August 27th Agreed Order (“AO”) addressing failure to obtain a Stormwater Construction Permit....more

Brownstein Hyatt Farber Schreck

California’s ‘New’ Construction Stormwater General Permit—Time To Engage?

On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more

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

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

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

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

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

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

Wastewater Plant/Subdivision: Faulkner County Circuit Court Action Filed Alleging Prospective Nuisance/Trespass Associated with...

The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more

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