News & Analysis as of

Storm Water Department of Environmental Quality

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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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton County Red Clay...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and K&M Excavating, LLC (“K&M”) entered into a May 13th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Farmington...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“ADEQ”) and M&S Properties, LLC (“M&S”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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MS4/Stormwater Enforcement: Mississippi Commission on Environmental Quality and Hinds County Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hinds County, Mississippi, entered into a January 29th Agreed Order (“AO”) addressing an alleged violation of Miss. Code Ann. § 49-17-29(2)(b). See Order No....more

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Stormwater Enforcement/Construction: Arkansas Department of Energy & Environment - Division of Environmental Quality and...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Tripp Property Clearing (“TPC”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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Storm Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Dewitt Cryptocurrency...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jones Digital, LLC (“Jones”) entered into an April 5th Consent Administrative Order (“CAO”) for addressing alleged operating...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Glenwood...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Caddo Properties, LLC (“Caddo”) entered into a March 1st Consent Administrative Order (“CAO”) addressing alleged violations of the...more

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UPDATE: Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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On March 18, 2024, we issued an alert addressing Virginia Department of Environmental Quality’s (VDEQ’s) recently proposed Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The proposed Handbook is available...more

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Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...more

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Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

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

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Stormwater Enforcement: Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas and Missouri Railroad Company (“AMRC”) entered into a February 20th Consent Administrative Order (“CAO”) addressing an...more

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Construction Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Saline...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and East End Holdings, LLC (“East End”) entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged...more

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Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Countryside Land & Cattle Co., LLC (“Countryside”) entered into a November 21st Consent Administrative Order (“CAO”) addressing...more

Husch Blackwell LLP

Construction Stormwater Permitting in Virginia

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Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes,...more

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Virginia’s Ongoing Construction Stormwater Program Guidance Evolution: Part III - A Recap and a Look Ahead

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Virginia’s construction stormwater discharge permit program continues to evolve on various fronts, including program implementation guidance. Indeed, stormwater regulatory stakeholders have much to digest from recent activity...more

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Environmental Notes - July 2023

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North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more

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Disposal of Reclaimed Wastewater to Wastewater Collection System: Texas Legislation Introduced Addressing the Treatment and...

Senate Bill 1289 has been introduced in the 88th Texas Legislative Session addressing the onsite treatment and reuse of non-potable water. The intent of the bill is to remove certain regulatory barriers to this activity....more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Foxworth Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Marion County Timber, Inc. (“Marion”) entered into a May 2nd Agreed Order (“AO”) addressing an alleged violation of the Mississippi statute implementing the...more

Williams Mullen

[Webinar] Renewable Energy Series: Environmental Considerations When Siting and Permitting Renewable Energy Projects - May 3rd,...

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Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more

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

Construction/Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and White Oaks Storage LLC (“White Oaks”) entered into a March 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lafayette County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order...more

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

Post-Construction Storm Water Management/Ground-Mounted Solar: Wisconsin Department of Natural Resources Guidance Memorandum

The Wisconsin Department of Natural Resources (“WDNR”) issued a document titled: Post-Construction Storm Water Management for Ground-Mounted Solar (“Guidance”)...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Harrison County Homebuilder Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and DR Horton, Inc. (“DR”) entered into a July 15th Agreed Order (“AO”) addressing alleged violations involving failure to meet Mississippi stormwater requirements....more

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