News & Analysis as of

NPDES Clean Water Act

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

NPDES Program/Clean Water Act: U.S. Environmental Protection Agency Withdraws Objection to Arkansas Department of Energy and...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) had filed a complaint in 2022 for declaratory and injunctive relief (“Complaint”) in the United States District Court (Eastern...more

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

Stormwater Enforcement: Oregon Department of Environmental Quality Notice of Civil Penalty Assessment/Order Addressing West Linn...

The Oregon Department of Environmental Quality (“ODEQ”) issued a July 17th Notice of Civil Penalty Assessment and Order (“Assessment”) to BBC Steel Corp. (“BBC”) alleging a violation of a Clean Water Act National Pollutant...more

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

Effluent Guidelines/Meat and Poultry Products Category: U.S. Environmental Protection Agency Announces Decision to Impose No...

The United States Environmental Protection Agency (“EPA”) issued an August 30th news release announcing a final action to impose no additional Clean Water Act wastewater discharge regulations on meat and poultry processing...more

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

Oil and Grease/NPDES Permit: Jeannette, Pennsylvania Turbomachinery Manufacturer Files Administrative Challenge Before the...

Elliot Company, Inc. (“ECI”) filed a July 24th Notice of Appeal (“Appeal”) before the Pennsylvania Environmental Hearing Board (“Board”) challenging certain conditions related to oil and grease (“O&G”) effluent limits in a...more

Miller Starr Regalia

Fifth District Holds State Water Board’s Adoption of Regulations Requiring New Test for Whole Effluent Toxicity Violated Federal...

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In a lengthy and highly technical published opinion filed August 5, 2025, the Fifth District Court of Appeal partly reversed and partly affirmed a judgment that had upheld the State Water Resources Control Board’s (“State...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Saline County Waterworks and Sanitary Sewer PFB/Saline County Waterworks and Sewer WWTP (“SCW”) entered into an April 30th...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Dermott...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Dermott entered into a February 26th Consent Administrative Order (“CAO”) addressing alleged violations of the Clean...more

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

National Association of Clean Water Agencies 2025 Peak Performance Awards: Little Rock/North Little Rock/Pine Bluff Selected

The National Association of Clean Water Agencies (“NACWA”) issued a July 24th news release announcing the 2025 Peak Performance Award Winners. NACWA describes itself as representing...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Rison Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Rison, Arkansas entered into a February 4th Consent Administrative Order (“CAO”) addressing alleged violations of a...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

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

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In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more

Tonkon Torp LLP

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

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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,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Atkins Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Atkins, Arkansas entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Lakeside Gardens Horizontal Property Regime (“Lakeside”) entered into a February 4th Consent Administrative Order (“CAO”)...more

Allen Matkins

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

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Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...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,...

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Northeast Arkansas Public Water Authority (“Northeast”) entered into a March 10th Consent Administrative Order (“CAO”)...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

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

Stormwater/2026 NPDES Multi-Sector General Permit for Industrial Discharges: Airports Council International Comments on Proposed...

The Airports Council International – North America (“ACI”) submitted May 19th comments to the United State Environmental Protection Agency (“EPA”) regarding the proposed Multi-Sector General Permit (“MSGP”) for stormwater...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Van Buren Wastewater...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Van Buren Municipal Utilities (“Van Buren”) entered into a February 4th Consent Administrative Order (“CAO”) addressing...more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

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On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

Nossaman LLP

The End of “End-Result” Permit Limitations in Clean Water Act Permits

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

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

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

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

Nossaman LLP

Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits

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In this episode of Digging Into Land Use Law, Byron Gee, Willis Hon and Sara Johnson review in detail the recent Supreme Court opinion in City and County of San Francisco vs. EPA and its implications for Clean Water Act...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Pinewood Wastewater, LLC (“Pinewood”) entered into an April 9th Consent Administrative Order (“CAO”) addressing alleged...more

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