News & Analysis as of

Water Quality Appeals

Troutman Pepper Locke

To Waive or Not to Waive, Redux

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Following its recent opinion in Village of Morrisville v. Federal Energy Regulatory Commission, the D.C. Circuit Court of Appeals has once again waded into the issue of when a state waives its certification authority under...more

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

Troutman Pepper Locke on

The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...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

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

Perkins Coie

EIR For Martis Valley Project Near Lake Tahoe Rejected on Four Grounds But Wildfire Evacuation Analysis Complied with CEQA

Perkins Coie on

In a lengthy opinion tackling several of CEQA’s hot topics, a court of appeal has rejected the EIR for the Martis Valley West project, finding its Lake Tahoe water quality analysis, GHG and traffic mitigation measures, and...more

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

Copper/Wastewater Effluent: Administrative Challenge to Pennsylvania Department of Environmental Protection's Denial of Use of...

Dowingtown Area Regional Authority (“DARA”) filed a December 28th Notice of Appeal (“Appeal”) before the Pennsylvania Environmental Hearing Board challenging a Pennsylvania Department of Environmental Protection (“DEP”)...more

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

Nutrients/Water Quality Standards: Federal Appellate Court Addresses Challenge to Montana Variance

The Ninth Circuit Court of Appeals (“Ninth Circuit”) addressed in an October 6th Opinion an issue arising out of the United States Environmental Protection Agency’s (“EPA”) approval of a Montana water quality standard (“WQS”)...more

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

Sand and Gravel Mine Expansion/Zoning Law: New York Appellate Court Addresses Preemption Issue (CORRECTION/ADDITION)

Ms. Maureen Wren, Director of Media Relations of the New York State Department of Environmental Conservation (“NYS DEC”) noted a needed correction and addition to this post. Ms. Wren stated the post should have indicated...more

Downey Brand LLP

Poseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of Appeal

Downey Brand LLP on

In California Coastkeeper v. State Lands Commission, the Third District Court of Appeal upheld the State Lands Commission’s decision to prepare a supplemental environmental impact report (EIR) for a desalination plant in...more

Downey Brand LLP

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

Downey Brand LLP on

In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional...more

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

Residual Designation Rule: Los Alamos, New Mexico Files U.S. EPA Environmental Appeals Board Petition Challenging Stormwater/Water...

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

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

Water Quality Buffer/Stormwater: Tennessee Appellate Court Reviews Denial of Variance Request

The Tennessee Court of Appeals (“Court”) addressed in a April 4th Opinion a question involving stormwater issue regulations that utilize water quality buffers. See Precision Homes, INC. v. The Metropolitan Government of...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

Stoel Rives LLP on

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Allen Matkins

Federal Appeals Court Rejects Challenges to Newhall Ranch EIS and Section 404 Permit

Allen Matkins on

In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

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