News & Analysis as of

Waters of the United States Department of Environmental Quality

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,...

Water Quality Standards/Clean Water Act: U.S. Environmental Protection Agency Proposes Nutrient Impairment Classification for 7...

Co-Author Jordan Wimpy The United States Environmental Protection Agency (“EPA”) transmitted a letter to the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) addressing the State’s...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

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

Sackett/Waters of the United States: Virginia Department of Environmental Quality Memorandum Addressing State Jurisdiction Over...

The Virginia Department of Environmental Quality (“VDEQ”) issued a June 29th memorandum describing the actions it will take to protect the state’s wetlands and streams in light of the United States Supreme Court May 25th...more

Pillsbury - Gravel2Gavel Construction & Real...

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

Woods Rogers

U.S. Army Corps Reissues Virginia Statewide Permits, but Excludes Mining Activities

Woods Rogers on

The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”)...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County Sewer...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Pleasant Oaks Sewer Improvement District #31 (“Pleasant Oaks”) entered into a Consent Administrative Order (“CAO”). See LIS No....more

Perkins Coie

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

Perkins Coie on

The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope...more

Williams Mullen

Environmental Notes - February 2020

Williams Mullen on

It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

K&L Gates LLP

K&L Gates Carolinas Environmental Update: A quarterly update on environmental issues and solutions for clients in the Carolinas

K&L Gates LLP on

A quarterly update on environmental issues and solutions for clients in the Carolinas - WELCOME TO THE K&L GATES CAROLINAS ENVIRONMENTAL UPDATE - With experienced environmental attorneys in four offices across North...more

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

Environmental Issues Impacting Arkansas/Missouri Municipal Utilities: SEMO-NEARK Annual Meeting Presentation

I undertook a presentation at the May 9th SEMO-NEARK annual meeting in Norfork, Arkansas, titled: Environmental Issues Impacting Arkansas/Missouri Municipal Utilities (“Presentation”) The Presentation focused on a...more

Ward and Smith, P.A.

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

Ward and Smith, P.A. on

The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Arkansas Department of Environmental Quality Draft Decision to Deny Regulation 5...

The Arkansas Department of Environmental Quality (“ADEQ”) recently public noticed a denial for the second time of C & H Hog Farms, Inc. (“C & H”) application for an Arkansas Pollution Control and Ecology Commission Regulation...more

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