News & Analysis as of

Water Quality Wastewater Clean Water Act

Tonkon Torp LLP

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

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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,...

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

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

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

WilmerHale

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

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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

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

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

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

Lathrop GPM

EPA Moves to Address PFAS Discharges Under Clean Water Act Ahead of New Administration

Lathrop GPM on

EPA recently proposed significant actions to address PFAS in wastewater under the Clean Water Act by (1) publishing recommended human health water quality criteria used to enact surface water quality standards and (2)...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...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

Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

Mintz on

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

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

Short Term Activity Authorizations/Water Quality Standards: Arkansas Department of Energy & Environment - Division of...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) is considering proposed changes to its Short-Term Activity Authorizations (“STAAs”) application process. The Arkansas...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,...

Combined Sewer System/NPDES Permit: U.S. EPA Environmental Appeals Board Addresses City/County of San Francisco Petition for...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a December 1st Order the City and County of San Francisco’s (collectively “San Francisco”) pleading titled: ...more

Robinson+Cole Manufacturing Law Blog

EPA Issues Interim Strategy for Addressing PFAS in Wastewater Permits

As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more

Sullivan & Worcester

PFAS Update: August 2020

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There have been several recent developments involving PFAS regulation, most notably the Environmental Protection Agency’s (EPA) Significant New Use Rule (SNUR) for certain long-chain per- and polyfluoroalkyl compounds (PFAS)....more

K&L Gates LLP

Washington State Department of Ecology Releases First-Ever Water Quality Standards Variances for PCBs

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The Washington State Department of Ecology (Ecology) recently released “preliminary draft rules” that would grant variances to the Clean Water Act (CWA) Water Quality Standard (WQS) for PCBs at three public and two private...more

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

Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs: U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) announced in the Federal Register publication of a document titled: “Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs of the...more

Stoel Rives LLP

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

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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

Downey Brand LLP

Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State...

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On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more

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

Water Quality Enforcement: Tennessee Department of Environment and Conservation Order Addressing Tennessee Ready Mix Concrete...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 22nd Director’s Order and Assessment (“Order”) to IMI Tennessee, Inc., (“IMI”) for alleged violations of the Tennessee Water Quality Control...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

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