News & Analysis as of

Wastewater Water Quality

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

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The Supreme Court’s recent decision in City and County of San Francisco v. Environmental Protection Agency, (EPA) 604 U.S. ____ (2025) significantly alters the regulatory landscape for NPDES permits under the Clean Water Act...more

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

95th Arkansas General Assembly: Legislation Introduced Prohibiting Discharges into Waterbodies Utilized by A Public Water System

Senate Bill 556 has been introduced which would amend Arkansas Code Title 8, Chapter 3, Subchapter 1 to add an additional Section titled:                                 8-3-104. Watershed Discharge Prohibition...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of London, Arkansas entered into a February 25th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Latham & Watkins LLP

Supreme Court Waves Goodbye to Clean Water Act End-Result Requirements

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The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes....more

BakerHostetler

Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

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On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more

WilmerHale

San Francisco v. EPA: Impact on Clean Water Act Permittees

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On Tuesday, March 4, the United States Supreme Court issued a major decision limiting the scope of the Environmental Protection Agency’s (EPA) authority under the Clean Water Act (CWA) as relates to permits governing...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment and Independence County Wastewater Treatment Facility Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Select Sands America Corp. (“Select Sands”) entered into a July 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Lakeside Gardens Horizontal Property Regime (“LG”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing...more

Venable LLP

Guilt by Association: New Study Identifying Fluorinated Pharmaceuticals in Wastewater Uses “PFAS” to Heighten Alarm about American...

Venable LLP on

PFAS are everywhere—even when they’re not.  A recent study published in Proceedings of the National Academy of Sciences is garnering significant media attention for suggesting that a crisis exists because of...more

Allen Matkins

From Waves to Wells Seawater Desalination and Coastal Groundwater Basins

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Traditional sources of freshwater are dwindling as a result of increased demand, reduced natural replenishment, volatile weather patterns, and extended-duration droughts. Desalination, the industrial-scale removal of salt...more

Lathrop GPM

EPA Moves to Address PFAS Discharges Under Clean Water Act Ahead of New Administration

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EPA recently proposed significant actions to address PFAS in wastewater under the Clean Water Act by (1) publishing recommended human health water quality criteria used to enact surface water quality standards and (2)...more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

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At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

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

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...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,...

Wastewater Enforcement: Colorado Department of Public Health & Environment Notice of Violation Addressing Teller Goldmining...

The Colorado Department of Health & Environment (“CDPH&E”) issued a June 6th Notice of Violation/Cease and Desist Order (“NOV”) to the Turquoise Connection, Inc. (“TCI”) addressing alleged violations of the Colorado Water...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

WilmerHale on

The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

Mintz on

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

Downey Brand LLP on

On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Downey Brand LLP

State Water Board Adopts New Sanitary Sewer Systems Waste Discharge Requirements

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After nearly four years of negotiations, the California State Water Resources Control Board (State Water Board) considered and unanimously adopted the Statewide Sanitary Sewer Systems General Waste Discharge Requirements...more

Brownstein Hyatt Farber Schreck

Colorado Adopts Direct Potable Reuse Rules

On Nov. 14, 2022, the Colorado Water Quality Control Commission (WQCC) adopted new regulations to authorize and guide water suppliers in implementing Direct Potable Reuse (DPR). DPR is the process of directly connecting fully...more

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

Short Term Activity Authorizations/Water Quality Standards: Arkansas Department of Energy & Environment - Division of...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) is considering proposed changes to its Short-Term Activity Authorizations (“STAAs”) application process. The Arkansas...more

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

Universe of Lagoons/Analysis of State and Tribal Lagoon Wastewater Treatment Systems: U.S. Environmental Protection Agency Report

The United States Environmental Protection Agency (“EPA”) Office of Water issued a May 2022 report titled: The Universe of Lagoons: An Analysis of State and Tribal Lagoon Wastewater Treatment Systems and Socioeconomic,...more

Womble Bond Dickinson

EPA Announces New PFAS Health Advisory Levels, Releases Additional Funding for PFAS Remediation

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The Biden Administration has made PFAS reduction a cornerstone of its environmental policy and with that goal in mind, the Environmental Protection Agency on June 15 announced new, lower lifetime Health Advisory Levels for...more

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