News & Analysis as of

Water Clean Water Act Discharge of Pollutants

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

Oberheiden P.C. on

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Mintz

EPA has issued an "order" permitting continued PFAS discharges at concentrations much higher than what it says are dangerous....

Mintz on

EPA got a lot of press this week for its first ever "enforcement" action relating to the continuing discharge of the forever chemicals known as PFAS into the Ohio River in West Virginia. Many of you know that this part of the...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

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PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

Downey Brand LLP

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean...

Downey Brand LLP on

On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more

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

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

Downey Brand LLP

Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State...

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On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more

Holland & Knight LLP

Solicitor General Tells SCOTUS EPA Poised to Act on CWA Comments

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On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more

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

Aluminum/Aquatic Life Ambient Water Quality Criteria: U.S. Environmental Protection Agency Publishes Update

The United States Environmental Protection Agency (“EPA”) on December 21st published a final updated Aquatic Life Ambient Water Quality Criteria (“WQC”) recommendations for aluminum in freshwater under Section 304(a)(1) of...more

Downey Brand LLP

State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know

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Regulation of “toxicity” in the State of California has generally been following 3 State Water Resources Control Board (State Water Board) precedential decisions that require dischargers under an NPDES permit, which have a...more

Downey Brand LLP

U.S. EPA Region 9 Enforcement Priorities Revealed

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Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

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

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

Pierce Atwood LLP

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

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Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

Foley Hoag LLP - Environmental Law

Coal Companies, Don’t Look Behind; EPA May Be Gaining on You

As the lawyers among our readers know, the denial of a certiorari petition does not establish precedent. However, that doesn’t make it unimportant. Yesterday, the Supreme Court denied cert. in Mingo Logan Coal Co. v. EPA. ...more

Foley Hoag LLP - Environmental Law

What Is the Burden In Proving a Violation of a Stormwater Permit? If It Walks Like a Stormwater Discharge …

Those of us who do NPDES work know that enforcement, including citizen enforcement, against industrial point sources can often be all to straightforward. The plaintiff marches into court with a pile of the defendant’s...more

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