Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
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 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 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
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 Mississippi Commission on Environmental Quality (“Commission”) and Complete Oil Field Disposal, LLC. (“COD”) entered into an August 27th Agreed Order (“AO”) addressing failure to obtain a Stormwater Construction Permit....more
On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more
The United States Environmental Protection Agency (“EPA”) issued a May 21st news release stating it had entered into a settlement with Navisun, LLC (“Navisun”). Navisun is described as a solar energy company based in...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality and Caddo Properties, LLC (“Caddo”) entered into a March 1st Consent Administrative Order (“CAO”) addressing alleged violations of the...more
In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...more
Municipalities, landowners, developers, and others engaged in construction activities in California have faced increasing regulatory scrutiny over alleged stormwater discharge violations in recent years, including a record...more
Virginia’s construction stormwater discharge permit program continues to evolve on various fronts, including program implementation guidance. Indeed, stormwater regulatory stakeholders have much to digest from recent activity...more
Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more
On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02). ...more
On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity...more
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
For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory. However, if stormwater management is compromised or if flooding and coastal storm surges occur, a...more
The Environmental Protection Agency (EPA) recently announced its intention to modify the 2017 National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Stormwater Discharges (2017 CGP). EPA...more
The SCWC Stormwater Task Force of the Southern California Water Coalition issued an April 2018 Whitepaper titled: Stormwater Capture – Enhancing Recharge & Direct Use Through Data Collection (“Whitepaper”)...more
The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more
Whether it’s for condos, office buildings or industrial properties, raw land is becoming more and more scarce in Miami. That means land remediation is becoming a bigger issue. It also means developers have to face new...more