News & Analysis as of July 25, 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 -

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits (Updated)

Beveridge & Diamond PC on 4/21/2025

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) proposed the 2026 version of the National Pollutant Discharge Elimination System (NPDES) MSGP for stormwater discharges associated with...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

EPA Proposes Updated General Clean Water Act NPDES and Construction Permits

Beveridge & Diamond PC on 1/10/2025

2026 MSGP - EPA released its proposed 2026 MSGP, which authorizes stormwater discharges associated with industrial activities in jurisdictions where EPA is the NPDES permitting authority, including Massachusetts, New...more

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper Locke on 11/29/2023

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

EPA Issues Guidance on Maui Factors

Holland & Knight LLP on 11/28/2023

The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more

Nonpoint Source Program/Grants Guidelines for States and Territories: U.S. Environmental Protection Agency Draft Revisions for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/20/2023

The United States Environmental Protection Agency (“EPA”) issued a Draft Revision for Public Comment of the following document: Nonpoint Source Program and Grants Guidelines for States and Territories (“Draft Document”)...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? National Association of Clean Water Agencies and the...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/17/2019

The National Association of Clean Water Agencies and the WateReuse Association (collectively “NACWA”) submitted June 7th comments to the United States Environmental Protection Agency (“EPA”) on its: Interpretive Statement...more

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

Akin Gump Strauss Hauer & Feld LLP on 6/4/2019

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

King & Spalding on 2/22/2019

The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

Solicitor General Tells SCOTUS EPA Poised to Act on CWA Comments

Holland & Knight LLP on 1/10/2019

On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more

State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know

Downey Brand LLP on 11/26/2018

Regulation of “toxicity” in the State of California has generally been following 3 State Water Resources Control Board (State Water Board) precedential decisions that require dischargers under an NPDES permit, which have a...more

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

Best Best & Krieger LLP on 6/22/2018

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Senate Committee Holds Hearing on Clean Water Act

Holland & Knight LLP on 4/24/2018

The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more

EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater

Schwabe, Williamson & Wyatt PC on 3/9/2018

On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more

EPA Seeks Comment on ‘‘Discharges of Pollutants’’ via a Direct Hydrologic Connection to Surface Water

Holland & Knight LLP on 2/26/2018

On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

Akin Gump Strauss Hauer & Feld LLP on 2/23/2018

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/20/2018

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

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Clean Water Act › Public Comment › NPDES

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