News & Analysis as of

Water Pollution Discharge of Pollutants NPDES

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

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In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...more

Tonkon Torp LLP

U.S. Supreme Court Ruling Will Make it Easier to Comply with NPDES Permits

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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

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

Stormwater Enforcement/Clean Water Act Citizen Suit Action: Conservation Law Foundation Notice of Intent to Sue Operator of East...

The Sims facilities are stated to buy, process, and sell ferrous and non-ferrous scrap metal, appliances, junk cars, trailers, and electronics. Such items are stated to be stored outdoors in uncovered piles or bales at the...more

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

Holyoke, Massachusetts, Clean Water Act NPDES Permit: U.S. EPA Environmental Appeals Board Petition Filed

The City of Holyoke, Massachusetts, (“Holyoke”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for Review of City of Holyoke Water...more

Goldberg Segalla

Did the 9th Circuit Just Let the EPA ‘Fudge’ the Numbers on Water Pollution?

Goldberg Segalla on

Ever since the Clean Water Act of 1972 dramatically overhauled the way in which America, through the EPA, monitors and protects its waterways, there has been the struggle between the literal life-and-death need for clean...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

Troutman Pepper Locke

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper Locke on

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

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

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more

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

Iowa Supreme Court 2 - Raccoon River 0

The Iowa Supreme Court has done it again. By a narrowly divided vote, it has snuffed out on procedural grounds litigation challenging the agricultural nutrient pollution of the Raccoon River. Originally published on the...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

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

Best Best & Krieger LLP

Cities Issuing Business Licenses Will Need to Verify NPDES Permits First

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

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

Bergeson & Campbell, P.C.

EPA Releases Interpretive Statement on whether CWA NPDES Permit Program Applies to Releases of a Pollutant from a Point Source to...

On April 23, 2019, the U.S. Environmental Protection Agency (EPA) announced it was making available its Interpretive Statement addressing whether the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System...more

Holland & Knight LLP

EPA Issues Interpretive Statement on NPDES Regulation of Groundwater

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On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued a prepublication draft of an Interpretative Statement clarifying the application of Clean Water Act (CWA) National Pollution Discharge Elimination...more

Snell & Wilmer

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

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Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s...more

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

United States Environmental Protection Agency Water Quality Trading Policy - February 2019

The United States Environmental Protection Agency (“EPA”) issued on February 6th what it describes as an update to the federal agency’s Water Quality Trading Policy. The document is titled: Updating the Environmental...more

Brooks Pierce

Clean Water Act Controversy

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A point source by any other name. Federal Courts of Appeals have recently split on the question of whether pollution of surface water via groundwater is a violation of the Clean Water Act. The U.S. Supreme Court may weigh...more

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

Stormwater Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas, Construction Site Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Blue Springs Holding Company, LLC (“BSHC”) entered into a December 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Holland & Knight LLP

Senate Committee Holds Hearing on Clean Water Act

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The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more

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

Stormwater/Construction Enforcement: Arkansas Department of Environmental Quality and Faulkner County Developer Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tri.Con.Builders, Inc. (“TCBI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of a National Pollution Discharge...more

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