News & Analysis as of

Storm Water Discharge of Pollutants

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

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

Allen Matkins

California Environmental Law & Policy Update 7.26.24

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An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...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

Alston & Bird

Los Angeles Regional Water Quality Control Board Drafts NPDES Permit for Commercial, Industrial, and Institutional Facilities

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The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural...more

Williams Mullen

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

Williams Mullen

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

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

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

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

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

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

Verrill on

In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

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

Stormwater Enforcement: U.s. Environmental Protection Agency And Kiryas Joel, New York, Poultry Processing Facility Enter Into...

The United States Environmental Protection Agency (“EPA”) and Kiryas Joel Poultry Processing Plant (“KJPPP”) entered into a March 15th Consent Agreement and Final Order (“CA”) addressing an alleged violation of a Clean Water...more

McNees Wallace & Nurick LLC

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

Bilzin Sumberg

New Proposed Rules for Florida Stormwater Systems

Bilzin Sumberg on

The Florida Department of Environmental Protection (FDEP) is in the process of significantly updating the state stormwater rules and Environmental Resource Permitting process for the design and operation of stormwater...more

Sheppard Mullin Richter & Hampton LLP

Turbulence Ahead for the Clean Water Act: Agencies Redefine “Waters of the United States” as SCOTUS Prepares to Rule in Sackett v....

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more

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

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

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

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

Stormwater Enforcement: Alabama Department of Environmental Management and Baldwin County Residential Developer Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and DR Horton Inc. – Birmingham (“DR”) entered into a September 21st Special Order by Consent (“Consent Order”) addressing alleged violations of an NPDES general...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

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

Commercial/Industrial/Institutional (CII) Stormwater Sources: U.S. Environmental Protection Agency Exercises Clean Water Act...

The United States Environmental Protection Agency (“EPA”) exercise certain Clean Water Act residual designation authorities to address stormwater discharges in three Massachusetts watersheds. The designations were...more

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

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The US Environmental Protection Agency (EPA) announced on September 14 that it will require new permit coverage for previously unregulated stormwater discharges in Massachusetts. Specifically, EPA intends to issue general...more

Williams Mullen

VA DEQ’s 2022 Flood of Stormwater-Related Guidance - Part II: Proposed Technical Memorandum

Williams Mullen on

​​​​​​​Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more

UB Greensfelder LLP

Ohio EPA Industrial Stormwater General Permit Deadline Quickly Approaching

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On June 1, 2022, the Ohio Environmental Protection Agency’s (EPA) recent updates to industrial stormwater general permits became effective. Industrial stormwater general permits cover stormwater discharges from new and...more

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

Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

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