News & Analysis as of August 1, 2025

NPDES

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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 -

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

PFAS Monitoring Requirements and Stormwater Pollution Prevention Under the 2026 NPDES Permit

J.S. Held on 3/28/2025

On December 13, 2024, the United States Environmental Protection Agency (EPA) published a request for public comment for the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater...more

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

BakerHostetler on 9/25/2024

There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

PFAS and Your Wastewater Discharge Permit: What to Know and How PFAS Affects Permit Requirements

Williams Mullen on 7/3/2023

Beginning with the PFAS Action Plan of 2019, it became clear to industry observers and environmental professionals that EPA intends to regulate PFAS compounds in industrial wastewater permits. The Action Plan identified an...more

EPA PFAS Enforcement Has Begun

McGlinchey Stafford on 5/31/2023

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

New Enforcement of PFAS Requirements in CWA NPDES Industrial Permit

Beveridge & Diamond PC on 5/8/2023

The U.S. Environmental Protection Agency (EPA) continues to expand its toolbox for addressing PFAS constituents — this time, by branching out into Clean Water Act (CWA) enforcement of industrial permit effluent limitations....more

U.S. EPA Takes 3 Big Steps to Tighten Controls on PFAS Chemicals

Miles & Stockbridge P.C. on 1/20/2023

In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more

PFAS Update: EPA’s Strategic Roadmap for PFAS

BCLP on 10/28/2021

On October 18, 2021, the United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more

EPA Takes Action on PFAS in Waste Water

Vinson & Elkins LLP on 10/22/2021

In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

PFAS: U.S. Environmental Protection Agency Announces Comprehensive National Strategy

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/20/2021

United States Environmental Protection Agency (“EPA”) Administrator Michael Regan announced on October 18th what is described as a “Comprehensive National Strategy to Confront PFAS Pollution” (“Strategy”). The Strategy...more

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on 9/24/2021

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/24/2020

The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

Courts Still Trying to Plug the Clean Water Act’s Holes: Meanwhile, Tanks, Pipes, Pits, and Other Leaking Facilities Remain...

Robinson & Cole LLP on 11/6/2018

OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/1/2018

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

Ruder Ware on 11/16/2017

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

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