Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
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
On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or “the Agency”) from setting qualitative limits based on the condition of the “receiving waters” that...more
When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more
The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Hunt Southland Refining Company LLC (“Hunt”) entered into a November 18th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National...more
Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more
Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more
The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas and Missouri Railroad Company (“AMRC”) entered into a February 20th Consent Administrative Order (“CAO”) addressing an...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Lexa, Arkansas, (“Lexa”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged...more
Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more
The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Holiday Shores Resort (“HSR”) entered into a July 6th Consent Administrative Order (“CAO”) addressing alleged violations of a...more
Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Rector, Arkansas, (“Rector”) entered into an October 4th Consent Administrative Order (“CAO”) addressing an alleged...more
The United States Department of Justice (“DOJ”) issued an October 26th news release stating that DiAne Gordon pleaded guilty to fabricating Clean Water Act Discharge Monitoring Reports (“DMRs”). The individual is...more
Those of us who do NPDES work know that enforcement, including citizen enforcement, against industrial point sources can often be all to straightforward. The plaintiff marches into court with a pile of the defendant’s...more
On July 19, 2013, the California State Water Resources Control Board released its long-awaited 2013 Draft NPDES Permit for the Discharge of Storm Water Associated With Industrial Activities (the "Draft Industrial General...more