News & Analysis as of

Clean Water Act Discharge of Pollutants Enforcement Actions

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the U.S. Army Corps of Engineers (“Corps”) entered into a January 23rd Consent Administrative Order (“CAO”) addressing alleged...more

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

Environmental Criminal Enforcement/Clean Water Act: United States District Court (District of Connecticut) Sentences Water Main...

The United States Attorney’s Office for the District of Connecticut issued a March 4th press release stating that National Water Main Cleaning Company (“NWMCC”) was sentenced by the United States District Court for the...more

Nossaman LLP

City and County of San Francisco vs. EPA: Implications for Clean Water Act Permittees

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

Stinson LLP

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

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In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment and Independence County Wastewater Treatment Facility Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Select Sands America Corp. (“Select Sands”) entered into a July 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Wetlands/Clean Water Act Enforcement: U.S. Environmental Protection Agency and SpaceX Enter into Consent Agreement and Final Order

The United States Environmental Protection Agency (“EPA”) and Space Exploration Technologies Corp. (“SpaceX”) entered into a January 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

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

Environmental Criminal Enforcement: Michigan Attorney General Announces Arrest of an Individual for Alleged Activities Associated...

Michigan Attorney General Dana Nessel issued a news release announcing the arrest and arraignment of Rajinder Singh Minhas alleging: …multiple felony and misdemeanor charges for allegedly mismanaging and neglecting...more

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

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

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,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Greenbrier...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

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

Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Air/Citizen Suit Enforcement: Clean Air Council Notice of Intent to Sue Beaver County, Pennsylvania, Chemical Facility

The Clean Air Council and Environmental Integrity Project (collectively, “CAC”) sent a Clean Air Act Notice of Intent to Sue (“NOI”) on February 2nd to the Shell Oil Company addressing its Shell Polymers Monaca Site...more

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

Univ. of Tenn. v. Univ. of Alabama: Allan Gates (Mitchell Williams Law Firm) Asks - Will EPA Ignore a Flagrant Violation of the...

My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Imboden Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Imboden, Arkansas, (“Imboden”) entered into a May 9th Consent Administrative Order (“CAO”) addressing alleged...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hermitage Commercial...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Clanton Transport LLC (“Clanton”) entered into a June 9th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Columbia County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Albermarle Corporation-South Plant (“Albermarle”) entered into a March 8th Consent Administrative Order (“CAO”) addressing an...more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

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

Wastewater Enforcement: Alabama Department of Environmental Management and Brookwood Coal Processing Facility Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and MRC-FG, LLC (“MRC”) entered into a November 15th Consent Order (“CO”) to address violations of a Clean Water Act National Pollution Discharge Elimination System...more

The Volkov Law Group

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

The Volkov Law Group on

In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

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

Clean Water Act/EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data: U.S. Government Accountability...

The United States Government Accountability Office (“GAO”) issued a July 2021 report titled: Clean Water Act – EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data (“Report”) - See...more

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

Wetlands/Clean Water Act Enforcement: Federal Court Considers Whether Cessation of Discharges Renders Action Moot

The United States District Court for the Southern District of Illinois (“Court”) addressed issues arising in a Clean Water Act (“CWA”) enforcement action in which the United States is alleging discharges of pollutants into...more

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

Wastewater Enforcement: Alabama Department of Environmental Management and Madison County Inorganic Chemical Plant Operator Enter...

The Alabama Department of Environmental Management (“ADEM”) and ISP Chemicals, LLC, (“ISP”) entered into an April 18th Consent Order (“CO”) addressing alleged violation of a Clean Water Act National Pollution Discharge...more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

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