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?
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
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
In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...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
On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more
The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more
On March 4, 2025, the United States Supreme Court issued a decision in City and County of San Francisco v. Environmental Protection Agency[i], which restricted the scope of the Environmental Protection Agency’s (“EPA”)...more
On March 4, 2025 the Supreme Court overturned the 9th Circuit to rule in favor of the City of San Francisco in a landmark Clean Water Act case. The EPA authorizes states to issue National Pollutant Discharge Elimination...more
In Sackett v. Environmental Protection Agency, the U.S. Supreme Court held that Clean Water Act-regulated “waters of the United States” (“WOTUS”) are limited to relatively permanent bodies of water connected to traditional...more
The regulation of per- and polyfluoroalkyl substances (PFAS) remains a critical issue in US environmental policy, with significant implications for water quality, biosolids management and state-level regulatory authority. On...more
On November 21, 2024, the EPA issued its final National Strategy to Prevent Plastic Pollution, as required by the Save Our Seas 2.0 Act. This comes after the Agency received almost 92,000 comments on its draft strategy. ...more
What can a frustrated state legislator do when the agency implementing the Clean Water Act fails to renew expired permits or sanction major violators? Legislation recently adopted by Maryland provides some innovative answers....more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Town of Tollette, Arkansas (“Tollette”) entered into an October 20th Consent Administrative Order (“CAO”) addressing alleged...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Air - Availability of Draft Amended Rules for Comment - OAC Chapter 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology Regulations: The Ohio Environmental...more
On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). ...more
The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide updates and advice on environmental compliance regarding air,...more
Like most federal environmental programs, NPDES program authority is largely delegated to the states. Only four states aren’t delegated: Idaho, Massachusetts, New Hampshire, and New Mexico. How is it that progressive...more