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Wastewater Enforcement: Missouri Department of Natural Resources Abatement Order to Jefferson County, Missouri, Public Sewer...

The Missouri Department of Natural Resources (“MDNR”) issued a March 4th Abatement Order on Consent (“AOC”) to Jefferson County Public Sewer District (“Jefferson”). See Order No. 2019-WPCB-1579. The AOC addresses an...more

Antibacksliding/Clean Water Act: U.S. EPA Environmental Appeals Board Addresses Challenge to Ruidoso Downs, New Mexico, Nutrient...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a March 12th Order a challenge to a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Supreme Court Grants Certiorari Addressing Maui Case

The United States Supreme Court granted a Petition for writ of certiorari in the 9th Circuit Decision Hawaii Wildlife Fund v. County of Maui, ____F. 3d____ (9th Cir., February 1, 2018). The case involves whether, and to...more

Criminal Enforcement: U.S. Department of Justice Announces Sentencing for Elizabeth, New Jersey, Biodiesel Fuel Company for...

The United States Department of Justice (“DOJ”) issued a February 8th news release stating that Fuel Bio One, LLC (“FBO”) had been sentenced for an alleged violation of the Clean Water Act. The Elizabeth, New Jersey,...more

Water Quality Enforcement: Tennessee Department of Environment and Conservation Order Addressing Tennessee Ready Mix Concrete...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 22nd Director’s Order and Assessment (“Order”) to IMI Tennessee, Inc., (“IMI”) for alleged violations of the Tennessee Water Quality Control...more

United States Environmental Protection Agency Water Quality Trading Policy - February 2019

The United States Environmental Protection Agency (“EPA”) issued on February 6th what it describes as an update to the federal agency’s Water Quality Trading Policy. The document is titled: Updating the Environmental...more

Section 311/SPCC Clean Water Act Enforcement: U.S. Environmental Protection Agency and Lafourche Parish, Louisiana, Oil Production...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) and Redrock Energy, Inc. (“REI”) entered into a Consent Agreement and Final Order (“CA”) addressing an alleged violation of Section 311 of the...more

Wastewater Enforcement: Tennessee Department of Environment and Conservation and Minor Hill, Tennessee, Car Wash Enter into...

The Tennessee Department of Environment and Conservation (“TDEC”) and James Derek Black D/B/A Rope’m and Soap’em Car Wash (“RSCW”) entered into a January 16th Consent Order and Assessment (“COA”) addressing alleged violations...more

Cannabis Cultivation Policy/General Waste Discharge Requirements: California State Water Resources Control Board Public Hearing

The California State Water Resources Control Board (“Board”) has scheduled a February 5th public hearing to discuss updates to the state’s: Cannabis Policy - Cannabis Cultivation General Order - 2016 California...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Lake View, Arkansas, Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Lake View, Arkansas, (“Lake View”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Solicitor General Supreme Court Filing Addressing...

The United States Solicitor General (“SG”) filed a brief related to the Petitions for Writs of Certiorari addressing Ninth and Fourth Circuit decisions titled: County of Maui, Hawaii, Petitioner v. Hawaii Wildlife Fund et...more

Stormwater Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas, Construction Site Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Blue Springs Holding Company, LLC (“BSHC”) entered into a December 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

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

Wastewater Enforcement: Arkansas Department of Environmental Quality and Magnolia, Arkansas, Mobile Home Park Operator Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Betty Hawkins Lemley d/b/a J&B Mobile Home Park (“J&B”) entered into a December 6th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Crawford County, Arkansas, Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Concord Water and Sewer Public Facilities (“Concord”) entered into a December 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

Stormwater Permit Renewal: Arkansas Industrial General Permit ARR000000

The Arkansas Department of Environmental Quality (“ADEQ”) has issued a renewed Stormwater Industrial General Permit (“IGP”). The IGP is denominated ARR000000 and will be effective July 1, 2019....more

Low Flow Statistics Tools: U.S. Environmental Protection Agency Issues October 2018 Input for NPDES Permit Writers

The United States Environmental Protection Agency (“EPA”) issued an October 2018 publication titled: Low Flow Statistics Tools – A How-To Handbook for NPDES Permit Writers (“Handbook”) - See EPA-833-B-18-001. EPA...more

Clean Water Act Enforcement/City of Clewiston, Florida: Public Employees for Environmental Responsibility Overfile Request to U.S....

The Public Employees for Environmental Responsibility (“PEER”) submitted what is described as an “Overfile Request” to the Region 4 Office of the United States Environmental Protection Agency (“EPA”) regarding a wastewater...more

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation Action Against New Hampshire Game and Fish Department for...

The Conservation Law Foundation (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”)in federal court against the New Hampshire Fish and Game Department (“Department”) alleging...more

Clean Water Act Enforcement: U.S. Environmental Protection Agency/Louisiana Department of Environmental Quality Enter into Consent...

The United States Environmental Protection Agency and Louisiana Department of Environmental Quality (collectively “EPA”) entered into an October 30th Consent Decree (“Decree”) with Evangeline Enterprises, LLC, (“EE”) to...more

Overfile Request/Clean Water Act: PEER's October 29th Letter to U.S. Environmental Protection Agency Region 4/Alleged Venice,...

The Public Employees for Environmental Responsibility (“PEER”) submitted an October 29th letter to the Region 4 Office of the United States Environmental Protection Agency (“EPA”) requesting: . . . initiate immediate...more

Criminal Enforcement/Alleged Illegal Disposal of Gasoline: Louisiana Department of Environmental Quality Announces Arrest of Lake...

The Louisiana Department of Environmental Quality (“LDEQ”) issued a news release stating that the Criminal Investigation Section of the agency arrested Dean Garrett Domingue on two counts of knowingly disposing of...more

Wastewater/Collection System Enforcement: Arkansas Department of Environmental Quality and Carthage, Arkansas Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Carthage, Arkansas (“Carthage”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more

Does a Discharge to Groundwater Require an NPDES Permit?: Jordan Wimpy (Mitchell Williams) Arkansas Environmental Federation...

My law firm colleague Jordan Wimpy undertook a presentation at the October 4th Arkansas Environmental Federation Annual Conference titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”)...more

Minimum Water Flows/Municipal Water Department: Settlement Agreement Addresses California River/Endangered Species

The City of San Bernardino, California and City of San Bernardino Municipal Water Department (“Water Department”) and the Center for Biological Diversity and San Bernardino Audubon Society (collectively “CBD”) entered into an...more

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