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One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

Washington Supreme Court Affirms Ecology’s Authority to Bypass Rulemaking When Requiring New PCB Sampling Methods Under CWA...

The Washington State Supreme Court agreed with the Department of Ecology in a dispute over whether Ecology should have followed notice and comment rulemaking procedures when adding two new controversial test methods for...more

Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions

Key Takeaways - • What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing...more

EPA’s Multi-Sector General Permit for Industrial Stormwater Challenged in the Ninth Circuit —Plastics a Key Issue

Key Takeaways - • What happened? On July 1, 2021, the Center for Biological Diversity (the “Center”) petitioned the Ninth Circuit to review EPA’s issuance of the 2021 National Pollutant Discharge Elimination System...more

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

Reducing the Flood of Changes—EPA Issues a More Tempered Final 2021 Multi-Sector General Permit than Originally Proposed

Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) finalized the 2021 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges...more

EPA Releases 2020 Multi-Sector General Permit for Comment

The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2020 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP), which authorizes stormwater discharges...more

NMFS Seeks to Streamline Aquaculture Permitting While a Washington Federal Court Interjects Caution

In October 2019, the National Marine Fisheries Service (NMFS) published its Draft Outline for a Work Plan for a Federal Aquaculture Regulatory Task Force (Draft Outline) in the Federal Register Notice. The Draft Outline...more

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