News & Analysis as of

Water Quality NPDES Discharge of Pollutants

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

Nossaman LLP

City and County of San Francisco vs. EPA: Implications for Clean Water Act Permittees

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

Stinson LLP

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

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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

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....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 and Independence County Wastewater Treatment Facility Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Select Sands America Corp. (“Select Sands”) entered into a July 10th Consent Administrative Order (“CAO”) addressing alleged...more

Alston & Bird

Los Angeles Regional Water Quality Control Board Drafts NPDES Permit for Commercial, Industrial, and Institutional Facilities

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The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural...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...

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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

McNees Wallace & Nurick LLC

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

(ACOEL) | American College of Environmental...

Oh, Congress Forgot The Science

In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more

Allen Matkins

California Environmental Law & Policy Update - July 2021 #3

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EPA considers placing limits on ‘forever chemicals’ in drinking water - The Guardian – July 14 - The U.S. Environmental Protection Agency (EPA) announced this week that it is proposing to include the entire class of...more

Beveridge & Diamond PC

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

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

United States Environmental Protection Agency Water Quality Trading Policy - February 2019

The United States Environmental Protection Agency (“EPA”) issued on February 6th what it describes as an update to the federal agency’s Water Quality Trading Policy. The document is titled: Updating the Environmental...more

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

Stormwater Permit Renewal: Arkansas Industrial General Permit ARR000000

The Arkansas Department of Environmental Quality (“ADEQ”) has issued a renewed Stormwater Industrial General Permit (“IGP”). The IGP is denominated ARR000000 and will be effective July 1, 2019....more

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

Low Flow Statistics Tools: U.S. Environmental Protection Agency Issues October 2018 Input for NPDES Permit Writers

The United States Environmental Protection Agency (“EPA”) issued an October 2018 publication titled: Low Flow Statistics Tools – A How-To Handbook for NPDES Permit Writers (“Handbook”) - See EPA-833-B-18-001. EPA...more

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

Overfile Request/Clean Water Act: PEER's October 29th Letter to U.S. Environmental Protection Agency Region 4/Alleged Venice,...

The Public Employees for Environmental Responsibility (“PEER”) submitted an October 29th letter to the Region 4 Office of the United States Environmental Protection Agency (“EPA”) requesting: . . . initiate immediate...more

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

Stormwater: Riverkeeper/Waterkeeper Alliance Challenge New York Multi-Sector General Permit (Industrial Activity)

The environmental organizations Riverkeeper, Inc. and Waterkeeper Alliance, Inc. (collectively “Waterkeeper”) filed an action in the Supreme Court of the State of New York against the New York State Department of...more

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

Beaver Watershed Alliance Speaker Series: Allan Gates (Mitchell Williams) February 22nd Nutrient Trading Presentation

Mitchell Williams Law Firm Attorney Allan Gates will undertake a presentation on February 22nd as part of the Beaver Watershed Alliance (“BWA”) Speaker Series titled: Nutrient Trading and Act 335 ...more

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

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

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NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

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