Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
The Alabama Department of Environmental Management (“ADEM”) and Raughton Holdings LLC (“RH”) entered into a July 7th Consent Order (“CO”) addressing violations of the ADEM Clean Water Act National Pollution Discharge...more
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
The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Cullum Construction, LLC (“CC”) entered into a June 25th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Stormwater Permit. See Order No....more
The D.C. Department of Energy and Environment (DOEE) issued a second proposed rulemaking (Proposed Rule) on May 30, 2025, to amend the District's Stormwater Management and Soil Erosion and Sediment Rules (Stormwater Rules)...more
The Alabama Department of Environmental Management (“ADEM”) and Hans, LLC (“Hans”) entered into a June 3rd Consent Order (“CO”) addressing alleged violations of a Stormwater General Permit (“Permit”)....more
The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more
The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more
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
The Mississippi Commission on Environmental Quality (“MCEQ”) and CPJ, LLC (“CPJ”) entered into a March 24th Agreed Order (“AO”) addressing alleged violations of a stormwater permit. See Order No. 7468 25....more
Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) proposed the 2026 version of the National Pollutant Discharge Elimination System (NPDES) MSGP for stormwater discharges associated with...more
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
The United States Environmental Protection Agency (“EPA”) and A-1 Pallets, Inc. (“A-1”) entered into a February 13th Consent Agreement (“CA”) alleging violations of the Clean Water Act National Pollutant Discharge Elimination...more
On February 14, 2025, the California State Water Resources Control Board (State Water Board) issued a compliance guidance letter for industrial facilities subject to the Statewide Industrial Stormwater General Permit (IGP)...more
The California State Water Resources Control Board (State Water Board) has begun its process to develop a new statewide Urban Stormwater Infiltration Policy. The goal of the proposed new policy is to establish statewide...more
A United States District Court (D. Massachusetts) (“Court”) addressed in a February 25th Memorandum and Order (“Memorandum”) an issue arising pursuant to a Clean Water Act citizen-suit action. See Blackstone Headwaters...more
The United Stated Environmental Protection Agency (“EPA”) and South Carolina Pole and Piling, Inc (“SCPPI”) entered into a February 11th Expedited Settlement Agreement and Final Order (“Agreement”) addressing alleged...more
On January 14, 2025, the Maine Department of Environmental Protection (“DEP”) issued a new Maine Construction General Permit (“MCGP”). The new permit replaces the prior 2006 MCGP, which expired and had been administratively...more
My colleague, Jordan Wimpy, undertook a presentation at the Arkansas Bar association Mid-Year Conference titled: Stormwater Construction Permit(s): An Overview (“Presentation”)....more
Update: On February 3, 2025, EPA extended the comment period on the 2026 Multi-Sector General Permit (MSGP) to April 4, 2025....more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newrays One, LLC (“Newrays”) entered into a December 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more
Update: On January 31, under the new Trump administration, the U.S. Environmental Protection Agency (EPA) reopened the comment period for the 2024 Preliminary Designation and draft General Permit for CII properties. Written...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Oltmans Development, Inc. (“ODI”) entered into a December 10th Consent Administrative Order (“CAO”) addressing alleged...more
The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more