The Ohio EPA has adopted and submitted to US EPA for approval the Maumee Watershed Nutrient Total Maximum Daily Load (TMDL) to address impairments to drinking water, aquatic life and recreational uses in shoreline and open...more
On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West Virginia, impacting their ability to comply with the Clean Water Act (CWA)....more
The past several months have witnessed multiple attempts by environmental groups bring currently unregulated entities that discharge stormwater into the Clean Water Act (CWA) National Pollution Discharge Elimination System...more
On January 24, the U.S. Court of Appeals for the First Circuit decided the case of Conservation Law Foundation, Inc., v. Pruitt. The Pruitt case involves a consolidated appeal from the decisions of the U.S. District Courts in...more
When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more
The battle over phosphorous in the Charles River and its resultant toxic algae blooms is heating up again, with EPA finalizing its MS4 permit targeting municipalities and their stormwater runoff into the river and...more
In a case of first impression, the United States District Court for the Middle District of Pennsylvania upheld the EPA's authority to establish a final total maximum daily load (TMDL) for the Chesapeake Bay Watershed that...more
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
In a significant ruling issued on January 3, 2013, a federal court held for the first time that the Environmental Protection Agency (EPA) cannot regulate stormwater as a "pollutant" under the Clean Water Act....more
Last week, in Virginia Department of Transportation v. EPA, Judge Liam O’Grady struck down EPA’s attempt to set a TMDL for the Accotink Creek in Virginia based on the rate of total stormwater discharge to the Creek, rather...more