News & Analysis as of

Water Quality Clean Water Act State and Local Government

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

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

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

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

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

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

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,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Lakeside Gardens Horizontal Property Regime (“LG”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing...more

MG+M The Law Firm

The Withdrawal of PFAS Effluent Limits: Implications for Federal Environmental Regulation and Biosolids Management

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The regulation of per- and polyfluoroalkyl substances (PFAS) remains a critical issue in US environmental policy, with significant implications for water quality, biosolids management and state-level regulatory authority. On...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

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

Perkins Coie on

Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Troutman Pepper Locke

Innovation in Iowa: Talking About the Future of Watershed Management With Iowa Agriculture Secretary Mike Naig - Reflections on...

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Developments in water law and policy are highly relevant to our way of life. Drawing from their wealth of experience as defense attorneys, prosecutors, policy makers, and most recently having run the Office of Water at the...more

Bricker Graydon LLP

Ohio EPA issues water quality certification for NWPs

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On October 13, 2021, Ohio EPA issued its water quality certification pursuant to Section 401 of the Clean Water Act for the 41 nationwide permits (NWPs) that are currently set to expire on March 18, 2022.  NWPs offer a...more

Foley Hoag LLP - Environmental Law

States Really, Really, Must Act on Water Quality Certification Applications Within One Year

The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa...more

Holland & Hart LLP

EPA Issues Final Rule Revising CWA Section 401 Regulation

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On June 1, 2020, the U.S. Environmental Protection Agency (EPA) released a Final Rule revising its regulations implementing Section 401 of the Clean Water Act (CWA). Section 401 gives states and tribes the authority to...more

Pierce Atwood LLP

EPA Proposes Withdrawal of Maine Fish Consumption Water Quality Standards

Pierce Atwood LLP on

EPA also approves revisions to Maine’s water quality standards - On November 6, 2019 the U.S. Environmental Protection Agency (EPA) issued public notice of a proposed action to withdraw its February 2, 2015 decision that...more

Stoel Rives LLP

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

Stoel Rives LLP on

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

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

Human Health Criteria/Clean Water Act: Washington State Attorney General Challenges U.S. Environmental Protection Agency Revision...

The Washington State Attorney General (“AG”) filed a June 6th Complaint for Declaratory and Injunctive Relief (“Complaint”) in United States District Court (Western District of Washington) against the United States...more

Snell & Wilmer

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

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On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...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

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