News & Analysis as of

Water Permits

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 Winthrop Shaw Pittman LLP

Water, Reused: Texas Reshapes Liability and Regulatory Rules on Produced Water, Leaves Ownership Questions Unanswered

The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more

Pierce Atwood LLP

May v. Must – The Scope of Agency Permitting Review under Statutory Standards

Pierce Atwood LLP on

The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more

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

95th Arkansas General Assembly/Water Permits: Legislation Introduced Tying Permitting to Prior Noncompliance

Senate Bill 557 has been introduced which would provide the Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) the authority to deny a: …permit relating to wastewater if the...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

Key Considerations in the Acquisition of Undeveloped Data Center Land

While a data center may seem similar to a large warehouse, data centers are high-intensity utility consumers that have special requirements compared to a typical warehouse acquisition project. There are several crucial items...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

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,...

U.S. Government Accountability Office Report: Army Corps of Engineers/Expedited Permitting Process Would Benefit from More...

The United States Government Accountability Office (“GAO”)  issued a January 9th report titled: Army Corps of Engineers: Expedited Permitting Process Would Benefit from More Transparency (“Report”)....more

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

America Builds/Clean Water Act Permitting/Project Delivery/ U.S. House of Representatives Subcommittee on Water Resources and...

The Subcommittee on Water Resources and Environment of the United States House of Representatives Committee on Transportation and Infrastructure held a February 11th hearing titled: America Builds: Clean Water Act...more

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

Water Withdrawals/Duck River: Southern Environmental Law Center and Tennessee Department of Environment and Conservation Enter...

The Southern Environmental Law Center (“SELC”) on behalf of the Tennessee Wildlife Federation entered into multiple Settlement Agreements (“Agreements”) with the Tennessee Department of Environment and Conservation (“TDEC”)...more

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

95th Arkansas General Assembly: Senate Bill 84 Prohibits Buffalo River and Other Watersheds Permitting Moratoriums

Senate Bill 84 has been introduced by Senator Blake Johnson of Corning and Representative DeAnn Vaught of Horatio prohibiting moratoriums in watersheds and other bodies of water....more

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

Water Well Drillers' Act Enforcement: Missouri Department of Natural Resources Proposed Order Addressing Leopold Company

The Missouri Department of Natural Resources (“MDNR”) issued an Order of Suspension of Permit (“Order”) to Welker Pump Service (“Welker”). See Order No. WIS-2024-006. The Order provides that Welker is the responsible...more

Schwabe, Williamson & Wyatt PC

Public Comments Invited for New Washington Dept. of Ecology Water Treatment Plant Permit

On March 20, 2024, the Washington Department of Ecology issued a draft Water Treatment Plant General Permit for public comment. Water treatment plants that engage in filter backwash activities and pollutant discharge must...more

Latham & Watkins LLP

California Water Challenges Remain Despite Significant Precipitation in 2023

Latham & Watkins LLP on

State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Foley Hoag LLP - Environmental Law

The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do

The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that’s no excuse for inaction and I found the...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

Nossaman LLP on

UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

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

No-Discharge Water Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Melbourne, Arkansas, (“Melbourne”) entered into a March 31st Consent Administrative Order (“CAO”) addressing an...more

Holland & Knight LLP

Avalancha de caducidades de concesiones de aguas en jurisdicción CAR

Holland & Knight LLP on

¿Es usted titular de una concesión de aguas de jurisdicción CAR - Cundinamarca? Preocupan los numerosos pronunciamientos recientes de la Corporación Autónoma Regional de Cundinamarca (CAR) en relación con la caducidad de...more

Foley & Lardner LLP

Part One – Air, Water, California Proposition 65, and Cannabis

Foley & Lardner LLP on

Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more

Foley Hoag LLP - Environmental Law

Can “Guidance” Ever Be Binding?

Last week, the 9th Circuit Court of Appeals rejected a challenge to EPA guidance that suggested a new statistical method, the Test of Significant Toxicity, for determining the toxicity of discharges subject to NPDES permits. ...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

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