News & Analysis as of

Wastewater Clean Water Act Water Pollution

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

Clean Water State Revolving Fund PISCES Program/Performance and Innovation in the SRF Creating Environmental Success Program:...

The United States Environmental Protection Agency (“EPA”) issued a news release announcing the Clean Water State Revolving Fund’s George F. Ames Performance and Innovation in the SRF Creating Environmental Success (“PISCES”)...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

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits

Update: On February 3, 2025, EPA extended the comment period on the 2026 Multi-Sector General Permit (MSGP) to April 4, 2025....more

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

Criminal Enforcement/Clean Water Act: U.S. Department of Justice Press Release Announces Six-Count Indictment Charging Phillips 66...

The United States Department of Justice (“DOJ”) announced that a federal grand jury returned a six-count indictment charging Phillips 66 Company with violating the Clean Water Act. The matter is being handled by the...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

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

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Banks Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Dumas Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Dumas, Arkansas, entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Crawford County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Concord Water and Sewer Public Facilities Board (“Concord”) entered into an August 8th Consent Administrative Order (“CAO”)...more

Mintz

District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod

Mintz on

In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more

Stinson LLP

Clean Water Requirements Escalate for PFAS, Nutrients and other Pollutants

Stinson LLP on

On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

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

U.S. Environmental Protection Agency Biosolids Biennial Report: February 2020 Report Issued

The United States Environmental Protection Agency (“EPA”) published a February 2021 document titled: Biosolids Biennial Report No. 8 (“Report”) - The Report addresses the reporting period 2018-2019. ...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Regional Water...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Tri County Regional Water Distribution District (“Tri County”) entered into a February 3rd Consent Administrative Order (“CAO”)...more

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

Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs: U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) announced in the Federal Register publication of a document titled: “Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs of the...more

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

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

Stoel Rives - Environmental Law Blog

California Court of Appeal Rejects “Substantial Factor” Test for Regional Board to Issue a Cleanup and Abatement Order to a...

After years of investigation, the San Diego Regional Water Quality Control Board (“Regional Board”) issued a cleanup and abatement order (“CAO”) to San Diego Gas & Electric Company (“SDG&E”) after finding that SDG&E caused or...more

Steptoe & Johnson PLLC

PFAS Legislation Aims to Impact Clean Water Utilities

Steptoe & Johnson PLLC on

The United States House of Representatives has passed per-and polyfluoroalkyl substances (“PFAS”) legislation as part of annual amendments to the National Defense Authorization Act (“NDAA”), H.R. 2500. Two last-minute...more

WilmerHale

Ninth Circuit Holds Indirect Discharge of Pollutants Requires Clean Water Act Permit

WilmerHale on

Last week, the US Court of Appeals for the Ninth Circuit ruled that the Clean Water Act (CWA) does not require that pollutants be discharged directly from a point source into navigable waters for liability to attach. In...more

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

Wastewater Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Concrete Aggregate Processing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Super Concrete Corporation (“SCC”) entered into a September 7th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Water Act...more

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