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Wastewater Water Quality Discharge of Pollutants

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

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

Downey Brand LLP

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

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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

Farrell Fritz, P.C.

New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st

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A recent and alarming statistic shared by the Suffolk County Department of Health Services indicates that more than 80% of nitrogen found in Long Island’s surface waters is attributable to sewage....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

Downey Brand LLP

Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne...

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On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much...more

Stoel Rives LLP

The State of Washington Sues EPA to Challenge EPA’s Approval of Washington’s Own Human Health Criteria

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On June 6, the State of Washington sued EPA in federal court to stop EPA from approving Washington’s own water quality standards.  This is the latest installment in a multiyear battle over whether Washington’s water quality...more

Downey Brand LLP

Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State...

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On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more

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

Water Quality Enforcement: Tennessee Department of Environment and Conservation Order Addressing Tennessee Ready Mix Concrete...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 22nd Director’s Order and Assessment (“Order”) to IMI Tennessee, Inc., (“IMI”) for alleged violations of the Tennessee Water Quality Control...more

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

Cannabis Cultivation Policy/General Waste Discharge Requirements: California State Water Resources Control Board Public Hearing

The California State Water Resources Control Board (“Board”) has scheduled a February 5th public hearing to discuss updates to the state’s: Cannabis Policy - Cannabis Cultivation General Order - 2016 California...more

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

Overfile Request/Clean Water Act: PEER's October 29th Letter to U.S. Environmental Protection Agency Region 4/Alleged Venice,...

The Public Employees for Environmental Responsibility (“PEER”) submitted an October 29th letter to the Region 4 Office of the United States Environmental Protection Agency (“EPA”) requesting: . . . initiate immediate...more

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

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

Wastewater Blending: U.S. Environmental Protection Agency Announces Initiation of Rulemaking

The United States Environmental Protection Agency (“EPA”) recently announced that it is initiating a rulemaking process addressing the use of “blending” by wastewater treatment plants. EPA states it will be “reaching out...more

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