News & Analysis as of

Water Quality Clean Water Act

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

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

Allen Matkins

Beyond Sackett: California’s Expanding Role in Wetlands Permitting and the Future of “Waters of the State”

Allen Matkins on

California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more

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

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

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

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

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On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....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

Nossaman LLP

California Water Views – 2025 Outlook

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Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more

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

100 Days/U.S. EPA cites 100 Environmental Accomplishments: Approval of Arkansas Water Quality Standards is Listed as Number Four

The United States Environmental Protection Agency (“EPA”) issued a news release titled: 100 Days, 100 Environmental Accomplishments. The news release stated that the Trump Administration has: …wasted no time...more

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

Alabama Water Quality Criteria/Toxicity Values: Six Environmental Organizations Submit Petition to Alabama Environmental...

Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more

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

Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

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

FY 2026 Fiscal Appropriations/U.S. Senate Appropriations Committee: Association of Clean Water Administrators Testimony

The Association of Clean Water Administrators (“ACWA”) transmitted April 4th testimony to the United States Senate Subcommittee on Interior, Environment and Other Related Agencies Appropriation Committee addressing FY 2026...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Update: Regulatory Notes – April 2025

April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

Dickinson Wright

Supreme Court Limits EPA's Power Over NPDES Water Permits

Dickinson Wright on

In a much-anticipated decision, the U.S. Supreme Court significantly narrowed the EPA's authority under the Clean Water Act (CWA) to impose so-called "end-result" requirements in NPDES permits. These "end-result" requirements...more

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

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

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

2022 Triennial Review/Arkansas Water Quality Standards: U.S. Environmental Protection Agency March 27th Letter Approving 2022...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) sent a March 27th letter to Stacie Wassell, Associate Director for the Office of Water Quality at the Arkansas Department of Energy and...more

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

Upper White River Watershed Management Plan: H2Ozarks Announces Extension of Comment Period

H2Ozarks announced that the public comment period has been extended through April 22nd for the Upper White River Watershed Management Plan (“Plan”). The organization states that it is seeking community feedback to “ensure...more

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

Citizen Suit Action/ Clean Water Act: Environmental Defense Alliance Notice of Intent to Sue U.S. Environmental Protection Agency...

Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more

Harris Beach Murtha PLLC

Supreme Court Ruling on EPA Water Permits

The United States Supreme Court has issued a significant ruling in the case of San Francisco v. EPA, directing the Environmental Protection Agency (EPA) to retool its wastewater permitting process under the Clean Water Act....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

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

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