News & Analysis as of

Water Quality Permits

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

Safe Drinking Water Act Enforcement: Missouri Department of Natural Resources and Saint Genevieve Noncommunity Public Water System...

The Missouri Department of Natural Resources (“MDNR”) and Charleville, LLC (“Charleville”) entered into a July 14th Administrative Order on Consent (“AOC”) addressing alleged violations of the Missouri Safe Drinking Water Act...more

Polsinelli

Florida’s SB 492 and the Future of Wetland Development

Polsinelli on

Key Takeaways - Effective July 1, 2025, SB 492 makes significant revisions to Florida’s wetland mitigation banking framework, creating new flexibility for developers but also adding compliance considerations that will...more

Beveridge & Diamond PC

Emerging Developments in the Treatment and Beneficial Use of Produced Water in Texas

Beveridge & Diamond PC on

Key Developments - At the end of the legislative session, Texas Governor Greg Abbott signed House Bill 49, limiting tort actions relating to the beneficial use of produced water, a byproduct of oil and gas extraction....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Dermott...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Dermott entered into a February 26th Consent Administrative Order (“CAO”) addressing alleged violations of the Clean...more

Hanson Bridgett

North Coast Water Board Adopts Waste Discharge Permit for Vineyards

Hanson Bridgett on

On June 12, 2025, the North Coast Regional Water Quality Control Board approved a general permit regulating waste discharges from commercial vineyards in the region. The new General Waste Discharge Requirements for Commercial...more

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

General Permits for Distributed Wastewater Treatment Systems: Florida Legislation

The Florida Legislature enacted Senate Bill 796 which grants a General Permit for the replacement of existing onsite sewage treatment and disposal systems with distributed wastewater treatment systems (“DWTS”). The...more

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

National Association of Clean Water Agencies 2025 Peak Performance Awards: Little Rock/North Little Rock/Pine Bluff Selected

The National Association of Clean Water Agencies (“NACWA”) issued a July 24th news release announcing the 2025 Peak Performance Award Winners. NACWA describes itself as representing...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Rison Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Rison, Arkansas entered into a February 4th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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”

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

Greenberg Glusker LLP

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

Greenberg Glusker LLP on

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

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

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

Womble Bond Dickinson on

The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...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

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

BakerHostetler

Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

BakerHostetler on

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

WilmerHale

San Francisco v. EPA: Impact on Clean Water Act Permittees

WilmerHale on

On Tuesday, March 4, the United States Supreme Court issued a major decision limiting the scope of the Environmental Protection Agency’s (EPA) authority under the Clean Water Act (CWA) as relates to permits governing...more

Nossaman LLP

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

Nossaman LLP on

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

Snell & Wilmer

Supreme Court Decision Casts Doubt on Common Stormwater and Wastewater Permit Terms

Snell & Wilmer on

In a decision of the U.S. Supreme Court under the federal Clean Water Act, the Court threw out two requirements in the City of San Francisco’s wastewater discharge permit. The same or similar requirements are probably in your...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

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

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