News & Analysis as of

Wastewater

Update: DEC Accepting Additional Comments on Proposed SEQR Amendments

by Harris Beach PLLC on

As a follow up to a March 14, 2017 legal alert on proposed SEQR amendments, the New York State Department of Environmental Conservation (“DEC”) published a notice of revised rulemaking in the New York State Register on April...more

Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Cleburne County, Arkansas Wastewater...

The Arkansas Department of Environmental Quality (“ADEQ”) and WR Holding Co, LLC (“WR”) entered into a March 26th Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit (“Permit”). See...more

Water Infrastructure Financing and Innovation Act: U.S. Environmental Protection Agency Funding Availability

The United States Environmental Protection Agency (“EPA”) announced the availability of funding through the Water Infrastructure Finance and Innovation Act. EPA states that funding could be available to provide as much as...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Mountain Pine Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and City of Mountain Pine, Arkansas, (“City”) entered into an April 5th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

by Farrell Fritz, P.C. on

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Water Reclamation: U.S. Poultry & Egg Association Video Featuring Tyson Foods, Russellville, Arkansas

The U.S. Poultry & Egg Association announced the second video in a series that they state highlights companies with exemplary performance at water reclamation facilities serving the poultry industry. The Tyson Foods...more

Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes

by Perkins Coie on

The Clean Water Act requires a permit to discharge pollutants through pipes, ditches, and channels from an oyster hatchery, even though the facility would not be subject to the Act’s permitting requirements as a “concentrated...more

Proposed General Permit Aims to Standardize Wastewater Management

by Harris Beach PLLC on

On March 31, 2018, the New York State Department of Environmental Conservation (“DEC”) opened a public comment period regarding the potential issuance of a State Pollution Discharge Elimination System (SPDES) general permit...more

Federal Omnibus Spending Bill: American Water Works Association Notes Water Programs Funding Increases

The American Water Works Association (“AWWA”) issued a March 23rd news release commenting on certain funding decisions in the recent Congressional enactment of the Omnibus Spending bill....more

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

by Lewitt Hackman on

Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Currents - Energy Industry Insights - March 2018 #4

Trump Prepared to Hit China with $60 Billion in Annual Tariffs - "President Trump is preparing to impose a package of $60 billion in annual tariffs against Chinese products, following through on a longtime threat that he...more

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Lonoke County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lonoke County Property Owners’ Multipurpose Improvement District No. 12 Mount Lake II Phase III Wastewater Treatment Plant (“District”) entered into a February...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Lonoke County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lonoke County Property Owners’ Multipurpose Improvement District No. 12 Mount Lake II Phase III Wastewater Treatment Plant (“District”) entered into a February...more

Pretreatment Enforcement: Mississippi Commission on Environmental Quality and Laurel, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Howard Industries (“HI”) entered into a February 8th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act pretreatment permit. See Order No....more

EPA Seeks Comment on ‘‘Discharges of Pollutants’’ via a Direct Hydrologic Connection to Surface Water

by Holland & Knight LLP on

On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

Fifth Circuit Upholds $81M Penalty for Wastewater Spillage

On February 14, the U.S. Court of Appeals for the Fifth Circuit filed an unpublished opinion in the case of U.S. v. CITGO Petroleum Corporation, upholding the ruling of the U.S. District Court for the Western District of...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

by Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

by Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Sustainable Development Update - February 2018 #2

by Allen Matkins on

Sustainable Development Focus - More companies prefer green bonds, carbon taxes - GreenBiz - Feb 7 Companies that are serious about reaching aggressive emission-reduction targets are increasingly turning to green bonds,...more

Ninth Circuit Ruling Expands Clean Water Act Jurisdiction Over Groundwater Discharges

A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more

Legislative Outline for Rebuilding Infrastructure

by Holland & Knight LLP on

On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

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