News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Act

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

404 Permitting Program/Assumption Rule: Center for Biological Diversity Notice of Intent to Sue U.S. EPA Alleging Violations of...

The Center for Biological Diversity (“CBD”) sent a July 30th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue for Violations of the Endangered Species Act with Respect...more

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

Protecting Land for Water Quality/Strategies for State Nonpoint Source Management Programs: Open Space Institute Report

The Open Space Institute (“OPS”) has issued a report titled: Protecting Land for Water Quality: Strategies for State Nonpoint Source Management Programs (2025) (“Report”)....more

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

Section 401/Clean Water Act: Energy Marketers of America (formerly PAA) EPA Requests for Comments Addressing Implementation

The trade association Energy Marketers of America (“EMA”) (formerly, Petroleum Association of America) submitted August 6 comments to the United States Environmental Protection Agency (“EPA”) addressing: Establishment of...more

Morris, Manning & Martin, LLP

11th Circuit Applies Sackett in Upholding Dismissal of Alleged Wetland Violations

On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more

Allen Matkins

White House Aims To Accelerate Environmental Permitting For Data Centers

Allen Matkins on

On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more

White & Case LLP

Trump Administration Issues Executive Order to Streamline Data Center Development

White & Case LLP on

On July 23, 2025, President Trump issued an Executive Order (the "EO") that directs federal agencies to streamline permitting reviews, provide financial support, and utilize federal land for the expeditious development of...more

DLA Piper

New White House AI Action Plan and EO Aim to Streamline Environmental Review and Data Center Permitting

DLA Piper on

DLA Piper’s Artificial Intelligence (AI) and Data Analytics legal and policy team previously issued a client alert analyzing the White House’s unveiling of “Winning the Race: America’s AI Action Plan” (the Action Plan) and...more

Husch Blackwell LLP

New U.S. Department of the Interior Review Procedures for Activities Related to Wind and Solar Energy

Husch Blackwell LLP on

On July 15, 2025, the U.S. Department of the Interior (DOI) circulated an internal memorandum, requiring 68 different DOI actions related to wind and solar project development to be submitted to the DOI Office of the...more

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

Clean Water Act: U.S. Environmental Protection Agency and Reno, Nevada Master-Planned Community Development Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Nevada Tri Partners, LLC (“NTP”), and Damonte Ranch Commerce Center, LLC (“Damonte”) entered into a July 1st Consent Agreement and Final Order (“CAFO”) addressing...more

Alston & Bird

PFAS Primer Quarterly Update | 2025 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA rethinks MCLs, more states prohibit new PFAS products, and ongoing discharge...more

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

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Challenge Approval of Western Lake Eerie TMDL

Waterkeeper Alliance, Lake Eerie Waterkeeper, and Food & Water Watch (collectively, “Waterkeeper”) filed a Complaint in the United States District Court for the Northern District of Ohio (“Court”) against the United States...more

Alston & Bird

Ninth Circuit Flags EPA’s Refusal to Revise Effluent Limitation Guidelines

Alston & Bird on

The Ninth Circuit has ruled that the Environmental Protection Agency (EPA) must reconsider its effluent limitation guidelines (ELGs) for seven industrial sectors. Our Environment, Land Use & Natural Resources Group examines...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Middletown, Pennsylvania Scrap Recycler Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Shemas Iron Works (“SIW”) entered into a June 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act. See Docket No.:...more

Nossaman LLP

What’s Up With WOTUS?

Nossaman LLP on

The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

Tonkon Torp LLP on

The Supreme Court’s recent decision in City and County of San Francisco v. Environmental Protection Agency, (EPA) 604 U.S. ____ (2025) significantly alters the regulatory landscape for NPDES permits under the Clean Water Act...more

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

SPCC Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Tupelo, Mississippi Oil Storage Facility Owner Enter...

The United States Environmental Protection Agency (“EPA”) Khera Petroleum, LLC (“KP”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control, and...more

Stoel Rives LLP

Recent Ninth Circuit Decision Suggests Effluent Limitation Guidelines Across Multiple Industry Categories May Be Changing Soon

Stoel Rives LLP on

In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

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

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition for Review Filed Challenging Three Michigan Brine...

Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more

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

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

Beveridge & Diamond PC

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

Beveridge & Diamond PC on

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has...more

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

Clean Water Act/U.S. House of Representatives: Association of Clean Water Administrators Identifies 14 Pending Bills

The Association of Clean Water Administrators (“ACWA”) has identified 14 bills proposing to amend the Clean Water Act pending in the United States House of Representatives. The bills are described in the ACWA publication...more

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

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

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

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

2026 NPDES Multi-Sector General Permit for Stormwater Discharges: Steel Manufacturers Association Comments on Proposed Federal...

The Steel Manufacturers Association (“SMA”) submitted May 19th comments to the United States Environmental Protection Agency (“EPA”) addressing: Proposed 2026 Multi-Sector General Permit for Stormwater Discharges...more

Holland & Knight LLP

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

Holland & Knight LLP on

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more

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