News & Analysis as of

Water Clean Water Act Environmental Protection Agency (EPA)

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

Clean Water Act: U.S. Environmental Protection Agency and Reno, Nevada Master-Planned Community Development Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Nevada Tri Partners, LLC (“NTP”), and Damonte Ranch Commerce Center, LLC (“Damonte”) entered into a July 1st Consent Agreement and Final Order (“CAFO”) addressing...more

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

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition for Review Filed Challenging Three Michigan Brine...

Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more

Pillsbury - PFAS Observer

EPA Signals Potential PFAS Policy Pivot Under New Administrator

In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment...more

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

Association of Clean Water Administrators: FY 2025 Congressional Funding Chart Update

The Association of Clean Water Administrators (“ACWA”) issued an FY 2025 Funding Chart Update (“Update”). The Update is stated to reflect the: …FY 2025 “Full-Year Continuing Appropriations and Extensions Act, 2025”...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

Morgan Lewis

In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits

Morgan Lewis on

The US Supreme Court held in City and County of San Francisco v. EPA that the US Environmental Protection Agency lacks authority under the Clean Water Act to include “end-result” limitations in National Pollutant Discharge...more

Stoel Rives - Environmental Law Blog

SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits

Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge...more

King & Spalding

Supreme Court Rules EPA’s Wastewater Discharge Permits May Not Include “End-Result” Provisions

King & Spalding on

In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more

Jackson Walker

U.S. Supreme Court Limits EPA’s Wastewater Permitting Authority in Major Clean Water Act Decision

Jackson Walker on

On March 4, 2025, the United States Supreme Court issued a decision in City and County of San Francisco v. Environmental Protection Agency[i], which restricted the scope of the Environmental Protection Agency’s (“EPA”)...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

Allen Matkins

California Environmental Law & Policy Update 2.7.25

Allen Matkins on

Newly-appointed U.S. Attorney General Pam Bondi wrote in a memo this Wednesday that the Justice Department will reverse a Biden-era directive to prioritize enforcement of environmental laws in disadvantaged and low-income...more

Williams Mullen

EPA Proposes Changes to Methods for Analyzing Water Pollutants, including PFAS and PCBs

Williams Mullen on

EPA is proposing to promulgate new methods and update the regulatory tables of approved methods for pollutant analysis under the Clean Water Act specified in 40 CFR Part 136. The proposed rule affects the methods used to...more

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

Lippes Mathias LLP on

On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

Allen Matkins

California Environmental Law & Policy Update - Special Water Supply Edition

Allen Matkins on

President Donald Trump on Monday issued a memorandum directing the Secretary of Commerce and the Secretary of the Interior to develop a new plan within 90 days “to route more water from the Sacramento-San Joaquin Delta to...more

McGuireWoods LLP

Contaminants Compass: January 2025 Edition

McGuireWoods LLP on

“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses the...more

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

Water Affordability Needs Assessment: U.S. Environmental Protection Agency Issues Report to Congress

The United States Environmental Protection Agency (“EPA”) has announced the issuance of a December 17, 2024 report titled: Water Affordability Needs Assessment: Report to Congress (“Report”)....more

Farella Braun + Martel LLP

EPA Announces Draft Human Health Criteria for Three PFAS in Waterbodies

On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid...more

Schwabe, Williamson & Wyatt PC

Navigating Regulatory Changes: The Ninth Circuit’s CAFO Ruling and Oregon’s New Rules for ‎CAFOs

The Ninth Circuit’s ruling provides temporary relief from new federal water regulations, but Oregon has introduced more stringent state rules with regard to CAFOs. Understanding these changes is vital to stay abreast of the...more

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

Clean Water State Revolving Fund Program: U.S. Government Accountability Office Report Addresses Grant Formula

The United States Government Accountability Office (“GAO”) issued a July 2024 report titled: Clean Water: Revolving Fund Grant Formula Could Better Reflect Infrastructure Needs, and EPA Could Improve Needs Estimate...more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

K&L Gates LLP on

In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

Troutman Pepper Locke on

At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

Troutman Pepper Locke on

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Beveridge & Diamond PC

EPA Expands Role of Tribal Rights in Setting Water Quality Standards

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

Stinson LLP on

On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

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