On June 10, 2021, the State Water Resources Control Board (“Water Board”) issued a Revised Public Notice that changed certain dates noted in our June 2, 2021 blog post. The Water Board’s public hearing to receive public...more
The State Water Resources Control Board (“Water Board”) is now receiving public comments on its proposed reissuance of the statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General...more
At its January 20, 2021 Board meeting, the State Water Resources Control Board (“SWRCB” or “Board”) adopted its final General Waste Discharge Requirements (“WDRs”) for Winery Process Water (“Winery Order”) and associated...more
2/1/2021
/ California ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Paris Agreement ,
Water ,
Water Quality ,
Water Resources Control Board ,
Wine & Alcohol ,
Wineries
On November 30, 2020, State Water Resources Control Board (State Water Board) staff released a preliminary staff draft of the Statewide Construction Stormwater General Permit (Preliminary Draft General Permit). In...more
In July, we blogged about the State Water Resources Control Board’s (“State Water Board’) release of proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (see: July 15, 2020 blog post on...more
Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Last fall, the California Legislature enacted Senate Bill 205 in an effort to more effectively control stormwater pollution from regulated industrial companies. Effective January 1, 2020, an industrial company will not be...more
After years of investigation, the San Diego Regional Water Quality Control Board (“Regional Board”) issued a cleanup and abatement order (“CAO”) to San Diego Gas & Electric Company (“SDG&E”) after finding that SDG&E caused or...more
On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more
10/10/2018
/ Appeals ,
Clean Water Act ,
Coal ,
Coal Ash ,
Coal Industry ,
Coal-Fired Plants ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Navigable Waters ,
Permits ,
Split of Authority ,
Wastewater ,
Water Quality
Environmental groups have obtained a favorable Clean Water Act (“CWA”) ruling from the U.S. District Court for the Central District of California, which can be viewed as an expansion of jurisdiction for stormwater permitting...more
Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more
On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s decision, finding that the County of Maui violated the Clean Water Act (“CWA”) when it discharged treated effluent into...more
On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more
11/6/2015
/ Barack Obama ,
Clean Water Act ,
Conservation ,
Department of the Interior ,
Economic Development ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Mitigation ,
Natural Resources ,
Public Land ,
Real Estate Development ,
US Fish and Wildlife Service
On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more
10/20/2015
/ Clean Water Act ,
Department of Transportation (DOT) ,
Energy Projects ,
Environmental Policies ,
Executive Orders ,
National Wildlife Foundation ,
Navigable Waters ,
Offshore Drilling ,
Oil & Gas ,
PHMSA ,
Pipelines
On July 28, 2015, the National Wildlife Federation (“NWF”) filed an intent to sue notice against the Department of Transportation (“DOT”), arguing the DOT has not properly approved pipeline projects for more than 20 years.
...more
Despite recent obstacles, the California High Speed Rail Authority (the “Authority”) remains steadfast in its determination to complete the high-speed rail project (the “Project”), bolstered by recent approvals from various...more