News & Analysis as of

NPDES Stormwater Discharge Permits

Allen Matkins

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

Allen Matkins on

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,...

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

Williams Mullen

Clean Water Act: The End of “End-Result” Permitting

Williams Mullen on

The Supreme Court of the United States’ recent Clean Water Act decision in City of San Francisco v. EPA has sent shockwaves through the environmental community by prohibiting EPA and state agencies’ common practice of...more

J.S. Held

PFAS Monitoring Requirements and Stormwater Pollution Prevention Under the 2026 NPDES Permit

J.S. Held on

On December 13, 2024, the United States Environmental Protection Agency (EPA) published a request for public comment for the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater...more

Tonkon Torp LLP

U.S. Supreme Court Ruling Will Make it Easier to Comply with NPDES Permits

Tonkon Torp LLP on

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

Beveridge & Diamond PC

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated...

Beveridge & Diamond PC on

Key Takeaways - What Is Happening? On October 31, 2024, the U.S. Environmental Protection Agency (EPA) Region 1 provided notice of two proposed actions pursuant to its “residual designation authority” (RDA) under the Clean...more

Nutter McClennen & Fish LLP

Real Estate Round Up: Environment & Energy Insights (May 2024)

We are pleased to introduce the inaugural issue of the Real Estate Round Up, a monthly update on current trends, with the first month focusing on Environment and Energy insights. This month’s edition features key topics such...more

Goulston & Storrs PC

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

Goulston & Storrs PC on

Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

McNees Wallace & Nurick LLC

Construction Stormwater Update: Draft PAG-02 Permit Open for Comment

The Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of its draft 2024 version of the PAG-02 NPDES general permit for stormwater discharges associated with construction...more

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

Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and George County Subdivision Developer Enter into Agreed...

The Mississippi Commission on Environmental Quality and D.R. Horton, Inc. (“D.R. Horton”) issued a September 20th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code provisions addressing stormwater...more

Spilman Thomas & Battle, PLLC

Construction Stormwater Permitting Changes in Virginia

With recent changes to stormwater permitting in Virginia, the legal and practical implications of those changes need to be examined. Alex Turner, a member of the Virginia Bar and Spilman Thomas & Battle, PLLC’s Construction...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

Jenner & Block on

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

McNees Wallace & Nurick LLC

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

Burr & Forman

EPA Continues its Journey Down the PFAS Road(map)

Burr & Forman on

On December 5, 2022, the U.S. EPA issued a memorandum entitled, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. The memorandum “provides EPA’s guidance to states and...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Baldwin County Residential Developer Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and DR Horton Inc. – Birmingham (“DR”) entered into a September 21st Special Order by Consent (“Consent Order”) addressing alleged violations of an NPDES general...more

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

Morgan Lewis on

The US Environmental Protection Agency (EPA) announced on September 14 that it will require new permit coverage for previously unregulated stormwater discharges in Massachusetts. Specifically, EPA intends to issue general...more

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

Construction/Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Garland...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more

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

2022 NPDES General Permit for Stormwater Discharges from Construction Activities: U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a January 24th Federal Register notice for its 2022 Clean Water Act National Pollution Discharge Elimination System (“NPDES”) general permit for stormwater...more

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

Commercial/Industrial/Institutional ("CII") Stormwater Sources: Conservation Law Foundation Petition to Conn. Department of Energy...

The Conservation Law Foundation (“CLF”) submitted a December 9th Petition to the Connecticut Department of Energy and Environmental Protection (“CDEEP”) styled: Re: Petition for a Determination that Certain Commercial,...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Concrete Pipe Manufacturer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater...more

Mintz

Do we want EPA to do its Clean Water Act job and, if so, what will it take?

Mintz on

This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more

Mintz

Another Post-Maui Case of the Sort the Supreme Court Encouraged

Mintz on

Bloomberg reports this morning that a Washington-based NGO is suing a window manufacturer for its alleged failure to comply with the terms of a NPDES General Permit issued by the State of Washington as authorized by US EPA. ...more

Beveridge & Diamond PC

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

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