News & Analysis as of August 17, 2025

State and Local Government

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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 -

Oregon Department of State Lands Selects New Director

Tonkon Torp LLP on 7/9/2025

The Oregon State Land Board – comprised of the Governor, Secretary of State, and State Treasurer – recently appointed Kaitlin Lovell of Colton, Oregon as the new Director of the Oregon Department of State Lands (DSL). Lovell...more

Pretreatment Enforcement: Mississippi Commission on Environmental Quality and Attala County Dairy Processing Facility Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/3/2025

The Mississippi Commission on Environmental Quality (“MCEQ”) and East Side Jersey Dairy Inc. (“ESJD”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit...more

2026 Multi-Sector General Permit for Industrial Stormwater Discharges: National Municipal Stormwater Alliance Comments Addressing...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/19/2025

The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/17/2025

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

Schwabe, Williamson & Wyatt PC on 6/11/2025

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

California Environmental Law & Policy Update 6.6.25

Allen Matkins on 6/9/2025

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/6/2025

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Comments Addressing Potential Revisions

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/22/2025

The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more

100 Days/U.S. EPA cites 100 Environmental Accomplishments: Approval of Arkansas Water Quality Standards is Listed as Number Four

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/9/2025

The United States Environmental Protection Agency (“EPA”) issued a news release titled: 100 Days, 100 Environmental Accomplishments. The news release stated that the Trump Administration has: …wasted no time...more

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

Cozen O'Connor on 5/2/2025

A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

FY 2026 Fiscal Appropriations/U.S. Senate Appropriations Committee: Association of Clean Water Administrators Testimony

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/1/2025

The Association of Clean Water Administrators (“ACWA”) transmitted April 4th testimony to the United States Senate Subcommittee on Interior, Environment and Other Related Agencies Appropriation Committee addressing FY 2026...more

404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/1/2025

The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/28/2025

The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/8/2025

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

Association of Clean Water Administrators: FY 2025 Congressional Funding Chart Update

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/4/2025

The Association of Clean Water Administrators (“ACWA”) issued an FY 2025 Funding Chart Update (“Update”). The Update is stated to reflect the: …FY 2025 “Full-Year Continuing Appropriations and Extensions Act, 2025”...more

95th Arkansas General Assembly/Wastewater/Sewer Retail Providers: Legislation Introduced to Provide Oversight

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/17/2025

House Bill 1701 has been introduced that would add a Subchapter 1 to Arkansas Title 14, Chapter 239 titled: Oversight of Wastewater and Sewer Retail Providers. The Bill’s sponsors include: Representative Gonzales...more

U.S. Environmental Protection Agency Transition Team: Association of Clean Water Administrators/National Association of Clean Air...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/9/2025

Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more

Innovation in Iowa: Talking About the Future of Watershed Management With Iowa Agriculture Secretary Mike Naig - Reflections on...

Troutman Pepper Locke on 4/1/2022

Developments in water law and policy are highly relevant to our way of life. Drawing from their wealth of experience as defense attorneys, prosecutors, policy makers, and most recently having run the Office of Water at the...more

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