News & Analysis as of

Water Quality Clean Water Act Environmental Policies

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

Allen Matkins

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

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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

Troutman Pepper Locke

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

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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,...

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

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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

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,...

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

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

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

Holland & Knight LLP

In San Francisco v. EPA, Supreme Court Continues Its "Righting" of the Clean Water Act

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With its opinion in San Francisco v. EPA, the U.S. Supreme Court has again acted to "right" the implementation of the federal Clean Water Act by overturning a U.S. Court of Appeals for the Ninth Circuit interpretation of the...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

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

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On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

Venable LLP

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

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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

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

U.S. Environmental Protection Agency Transition Team: Association of Clean Water Administrators/National Association of Clean Air...

Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more

Troutman Pepper Locke

FERC Issues Final Rule on Clean Water Act Section 401 Water Quality Certification Requirements

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On November 21, 2024, the Federal Energy Regulatory Commission (“FERC”) issued a final rule establishing a categorical one-year “reasonable period of time” for certifying authorities to act on requests for water quality...more

Farella Braun + Martel LLP

EPA Announces Draft Human Health Criteria for Three PFAS in Waterbodies

On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid...more

Beveridge & Diamond PC

EPA Finalizes New Aquatic Life Water Quality Standards Guidelines for Ten PFAS

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Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) published its final recommended aquatic life water quality criteria and benchmarks for two per- and polyfluoroalkyl substances...more

WilmerHale

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

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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

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

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