News & Analysis as of

TMDL

Alston & Bird

California Adopts First-in-Nation Stormwater Permit Incorporating TMDLS

by Alston & Bird on

On November 6, 2018, California adopted the first-in-the-nation stormwater permit incorporating TMDLs and NELs. The new Industrial Stormwater Permit will take effect on July 1, 2020. Is your facility located in the Los...more

Bricker & Eckler LLP

Judge Carr Dismisses Lake Erie litigation

by Bricker & Eckler LLP on

Judge Carr issued an order on October 3, 2018, in Environmental Law and Policy Center, et al., v. U.S. EPA, et al., effectively dismissing the litigation and providing no clear path forward for challenges of Ohio EPA’s plan...more

Foley Hoag LLP - Environmental Law

The Constructive Submission Doctrine - Not Much of a Club Against States or EPA

Earlier last week, the 4th Circuit Court of Appeals reversed a District Court opinion and held that West Virginia had not “constructively submitted” no TMDLs for waters affected by ionic toxicity. (And, yes, that sentence is...more

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit Rejects “Construction Submission” Theory In Case Against West Virginia

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Court Puts U.S. EPA, Lake Erie Impairment on the Clock

Judge James J. Carr of the United States District Court for the Northern District of Ohio issued a decision today putting the U.S. Environmental Protection Agency (EPA) on the clock to decide in the next 30 days whether or...more

Beveridge & Diamond PC

First Circuit Shuts Down Use of TMDLs to Expand NPDES Stormwater Permitting

by Beveridge & Diamond PC on

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

Foley Hoag LLP - Environmental Law

EPA Approvals of TMDLs Are Not “Drive-by Permitting Determinations”

Last week, the First Circuit Court of Appeals rejected the Conservation Law Foundation’s argument that EPA’s acceptance of TMDLs in Rhode Island and Massachusetts carried with it a concomitant obligation to require permits of...more

Pillsbury - Gravel2Gavel Construction & Real...

First Circuit Concludes That EPA Did Not Fail To Perform Nondiscretionary Duties In Connection With TMDLs

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

Downey Brand LLP

Amendments to the California Industrial General Storm Water Permit on the Horizon

by Downey Brand LLP on

The California State Water Resources Control Board will be considering amendments to Industrial General Storm Water Permit at a workshop today, January 9, 2018 and can be watched on a webcast. On December 15th, the State...more

Brownstein Hyatt Farber Schreck

Two Questions Every Industrial Storm Water Permittee Should Answer Before January 1, 2018

If your facility is permitted under California’s Industrial General Storm Water Permit (IGP), then you probably feel like you earned an advanced degree in storm water management with the time and effort it takes to understand...more

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

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Northwest Environmental Advocates (“NEA”) filed a November 6th Clean Water Act Citizen Suit Action in U.S. District Court in Washington alleging that the United States Environmental Protection Agency (“EPA”) had failed...more

Nossaman LLP

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

Foley Hoag LLP - Environmental Law

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

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

Foley Hoag LLP - Environmental Law

EPA Has a Nondiscretionary Duty to Review West Virginia’s Failure to Submit TMDLs

Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total maximum daily loads related to ionic toxicity. Ionic toxicity is a consequence of...more

Beveridge & Diamond PC

Stormwater Forecast: Prepare for More Aggressive Benchmark Monitoring and Corrective Action Requirements under the Next Proposed...

by Beveridge & Diamond PC on

EPA is expected to propose a revised system of benchmark monitoring and corrective action requirements to replace those of the current 2015 Multi-Sector General Permit for Stormwater Associated with Industrial Activities...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

McGuireWoods LLP

EPA Directs States and Tribes to Tackle 6 Water Quality Priorities

by McGuireWoods LLP on

In its recently published guidance, Priorities for Water Quality Criteria and Standards Programs FY 2017-2018, the EPA directs state and tribal environmental agencies to tackle six challenging water quality issues in the...more

Brownstein Hyatt Farber Schreck

Industrial Storm Water Permitees Face New Challenge- TMDLs

When the State Water Resources Control Board (“State Board”) adopted the Industrial General Storm Water Permit in 2014 (the “IGP”), the State Board reserved for a later day how to incorporate Total Maximum Daily Load...more

Williams Mullen

Environmental Notes - March 2016

by Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Williams Mullen

Chesapeake Bay TMDL Here to Stay

by Williams Mullen on

The U.S. Supreme Court has declined to consider an appeal challenging EPA’s Chesapeake Bay Total Daily Maximum Load (TMDL), thereby bringing to an end the contentious years-long litigation over its legality. The Court’s...more

Beveridge & Diamond PC

Regulators and Environmental Groups Differ on How to Address Stormwater Contribution to Algae Blooms in the Charles River

by Beveridge & Diamond PC on

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

Williams Mullen

Water Board Proposes Amendments to Virginia’s Bay Watershed General Permit

by Williams Mullen on

The Virginia State Water Control Board has proposed to reissue and amend the General VPDES Watershed Permit for Total Nitrogen and Total Phosphorous Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia...more

K&L Gates LLP

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

by K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

McGuireWoods LLP

Third Circuit Upholds Chesapeake Bay TMDL

by McGuireWoods LLP on

On July 6, the Third U.S. Circuit Court of Appeals issued its ruling in the case of American Farm Bureau Federation v. EPA (No. 13-4079). The ruling, which affirmed an earlier district decision upholding the U.S....more

Foley Hoag LLP - Environmental Law

Easy Cases Make Good Law: The Third Circuit Affirms EPA’s Chesapeake Bay TMDL

On Monday, the Third Circuit Court of Appeals affirmed EPA’s TMDL for the Chesapeake Bay. This should not be news. Although Judge Ambro comprehensively disposed of the appellants arguments in a thoughtful opinion, I think...more

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