News & Analysis as of

Water Quality Environmental Litigation Clean Water Act

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

Tonkon Torp LLP on

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

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

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,...

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

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

PFAS/Common Law Action: City of Savannah, Georgia Files Judicial Action Against Various Companies in Superior Court of Chatham...

The City of Savannah, Georgia on February 5th filed a Complaint in the Superior Court of Chatham County, Georgia against a number of companies alleging damages related to per- and poly-fluoroalkyl substances (“PFAS”). See...more

Stinson LLP

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

Stinson LLP on

In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Foley Hoag LLP - Environmental Law

The Trump 401 Certification Rule is Vacated — Does Anyone Actually Care If Section 401 Works?

Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act.  EPA had requested remand, and made clear that it...more

Downey Brand LLP

Twenty-Two Environmental Groups and Nineteen Jurisdictions File Suit in Three District Courts Challenging The 2020 WOTUS Rule

Downey Brand LLP on

Last week, environmental groups, states, and cities filed three complaints in differing federal district court challenging The Navigable Waters Protection Rule: Definition of Waters of the United States (“WOTUS”) (“2020 WOTUS...more

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