News & Analysis as of

Department of Environmental Quality Waters of the United States Clean Water Act

Ward and Smith, P.A.

Navigating Wetlands in Coastal North Carolina Real Estate Development

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The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the...more

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

2022 Triennial Review/Arkansas Water Quality Standards: U.S. Environmental Protection Agency March 27th Letter Approving 2022...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) sent a March 27th letter to Stacie Wassell, Associate Director for the Office of Water Quality at the Arkansas Department of Energy and...more

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

Water Quality Standards/Arkansas Pollution Control and Ecology Rule 2: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...more

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

Waters of the United States/Clean Water Act: Federal Court Addresses Jurisdictional Issue

The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL...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,...

Water Quality Standards/Clean Water Act: U.S. Environmental Protection Agency Proposes Nutrient Impairment Classification for 7...

Co-Author Jordan Wimpy The United States Environmental Protection Agency (“EPA”) transmitted a letter to the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) addressing the State’s...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

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The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

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

Sackett/Waters of the United States: Virginia Department of Environmental Quality Memorandum Addressing State Jurisdiction Over...

The Virginia Department of Environmental Quality (“VDEQ”) issued a June 29th memorandum describing the actions it will take to protect the state’s wetlands and streams in light of the United States Supreme Court May 25th...more

Pillsbury - Gravel2Gavel Construction & Real...

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County Sewer...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Pleasant Oaks Sewer Improvement District #31 (“Pleasant Oaks”) entered into a Consent Administrative Order (“CAO”). See LIS No....more

Perkins Coie

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

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The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope...more

K&L Gates LLP

K&L Gates Carolinas Environmental Update: A quarterly update on environmental issues and solutions for clients in the Carolinas

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A quarterly update on environmental issues and solutions for clients in the Carolinas - WELCOME TO THE K&L GATES CAROLINAS ENVIRONMENTAL UPDATE - With experienced environmental attorneys in four offices across North...more

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

Environmental Issues Impacting Arkansas/Missouri Municipal Utilities: SEMO-NEARK Annual Meeting Presentation

I undertook a presentation at the May 9th SEMO-NEARK annual meeting in Norfork, Arkansas, titled: Environmental Issues Impacting Arkansas/Missouri Municipal Utilities (“Presentation”) The Presentation focused on a...more

Ward and Smith, P.A.

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

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The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...more

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