News & Analysis as of

State and Local Government Discharge of Pollutants

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

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The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the U.S. Army Corps of Engineers (“Corps”) entered into a January 23rd Consent Administrative Order (“CAO”) addressing alleged...more

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

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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

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little River County...

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

Tonkon Torp LLP

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

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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

BCLP

PFAS in Groundwater: State-by-state Regulations - November 2024

BCLP on

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

UB Greensfelder LLP

Ohio EPA Industrial Stormwater General Permit Deadline Quickly Approaching

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On June 1, 2022, the Ohio Environmental Protection Agency’s (EPA) recent updates to industrial stormwater general permits became effective. Industrial stormwater general permits cover stormwater discharges from new and...more

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

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Union Pacific Railroad Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more

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

UIC/SSO Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Salesville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Salesville, Arkansas, (“Salesville”) entered into an April 22nd Consent Administrative Order (“CAO”) addressing...more

Perkins Coie

Regional Water Quality Control Board Unlawfully Delegated Authority to Modify Effluent Limits Under Discharge Permit

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A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more

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

Wastewater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bledsoe County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 16th Commissioner’s Order and Assessment (“Order”) to Dunlap Stone, Inc. (“DSI”) addressing alleged violations of a National Pollution...more

Pullman & Comley, LLC

The Connecticut General Assembly Puts the First Nail in the Transfer Act’s Coffin: Connecticut to Adopt New Release-Based...

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The General Assembly gave Connecticut an early Halloween present during the first week of October when both houses of the legislature passed H.B. 7001, An Act Revising Provisions of the Transfer Act and Authorizing the...more

Nossaman LLP

[Webinar] WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S. - July 16th, 1:00...

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In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nevada County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Nevada County entered into a March 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water...more

Greenbaum, Rowe, Smith & Davis LLP

DEP Upgrades of NJ Water Bodies to Category One Status Trigger Significant Land Use and NJPDES Discharge Restrictions on...

The New Jersey Department of Environmental Protection (DEP) published its final rule on April 6, 2020 approving Category One status for 600 of the 749 miles of New Jersey streams and lakes that it had originally proposed for...more

McNees Wallace & Nurick LLC

All Permittees for Construction Stormwater General Permits Face Deadline to Submit Certification

On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02). ...more

Best Best & Krieger LLP

Cities Issuing Business Licenses Will Need to Verify NPDES Permits First

What California Cities Need to Know to Comply with SB 205 - California cities that issue business licenses will be required to determine whether any of the primary Standard Industrial Classification Codes applicable to...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - August 2019 (Issue 6)

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

Stoel Rives LLP

The State of Washington Sues EPA to Challenge EPA’s Approval of Washington’s Own Human Health Criteria

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On June 6, the State of Washington sued EPA in federal court to stop EPA from approving Washington’s own water quality standards.  This is the latest installment in a multiyear battle over whether Washington’s water quality...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

McGuireWoods Consulting

North Carolina Legislative Session Preview

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The North Carolina General Assembly will convene for its long session on Jan. 9 2019. This will be an organizational day to elect legislative leaders, and the speaker of the House of Representatives and the president pro...more

Bricker Graydon LLP

Ohio EPA issues general permit authorization for storm water discharges

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On September 17, 2018, Ohio EPA issued its General Permit Authorization for Storm Water Discharges Associated with Construction Activity from Oil and Gas Linear Transmission Line and Gathering Line Installation (the General...more

Bricker Graydon LLP

Ohio EPA releases proposed pretreatment and IDP rules

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Ohio EPA has released proposed pretreatment and indirect discharge permit (IDP) rules (OAC 3745-3 and 3745-36, respectively). The existing pretreatment and IDP rules overlap with one another quite significantly, and the IDP...more

Ballard Spahr LLP

Maryland's Nutrient Trading Program Set to Launch: Program Regulations Effective July 16

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The Maryland Department of the Environment (MDE) has published final regulations to implement Maryland's Water Quality Nutrient Trading Program....more

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