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
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
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
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
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
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
As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an April 22nd Order a Petition filed by Los Alamos County, New Mexico (“Los Alamos”). See NPDES Appeal No. 20-02. ...more
The County of Los Alamos, New Mexico (“Los Alamos”) filed a January 17th petition (“Petition”) challenging a United States Environmental Protection Agency (“EPA”) decision titled: Designation Decision and Record of Decision...more
Focus - Governor Newsom vetoes bill aimed at stopping federal environmental rollbacks - San Francisco Chronicle – September 27 - Governor Gavin Newsom last Friday vetoed SB 1, a bill sponsored by state Senate...more
The United States Environmental Protection Agency (“EPA”) and Pennsylvania Department of Transportation (“PDOT”) entered into an August 29th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain...more
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more
The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more
There are many lessons that one could take from the outcome of the seven year (and counting) litigation involving environmental groups and the operators of the Los Angeles County stormwater system. Certainly one lesson is to...more