Tag Archives: Clean Water Act

EPA Postpones Effluent Limits for Power Plants

On April 25, the EPA postponed the remaining compliance dates for steam powered electric generation plants to implement more stringent effluent limits under the Clean Water Act.  EPA postponed the dates (some of which could have taken effect as early as November 2018) to reconsider the rule after receiving petitions from interested groups. The rule … Continue Reading

$900,000 Penalty and Felony Guilty Plea to Resolve Wastewater Dumping Charges

On Oct. 26, 2016, A&L Cesspool Service Corporation (A&L) pled guilty to charges in federal court in Brooklyn, New York for violating the Clean Water Act. A&L was alleged to have dumped waste removed from blocked sewer lines into manholes flowing directly into the Gowanus Canal and other waterways in New York City. The Clean … Continue Reading

EPA Releases Final Version of Clean Water Rule

Yesterday, the EPA released the final version of the Clean Water Rule (CWR), which defines categories of water that are now subject to regulation without the need to perform a case-specific “significant nexus” determination. The EPA states that the primary purpose of the new rule is to limit the sometimes slow, confusing and costly process … Continue Reading

Sixth Circuit Decision Applies Clean Water Act’s Permit Shield to Protect General Permit Holders From Liability

The 6th Circuit recently ruled that facilities holding a Clean Water Act (“CWA”) Section 402 general permit — one of two types of National Pollutant Discharge Elimination System (“NPDES”) permits — can use the CWA’s “permit shield” provision (33 U.S.C. § 1342(k)) to protect themselves from liability for certain discharges of pollutants that the general … Continue Reading

Supreme Court Overrules EPA “Strong-Arming” under Clean Water Act

The United States Supreme Court recently held that an enforcement order issued by the United States Environmental Protection Agency (“EPA”) under the Clean Water Act (the “Act”) constituted “final agency action” and that the Act did not preclude judicial review of the order. (Sackett v. EPA, No. 10-1062 (U.S. March 21, 2012). The dispute arose … Continue Reading

Rapanos Wetlands Confusion: Third Circuit Accentuates the Circuit Split

When the United States Supreme Court issued its wetlands defining decision in Rapanos v. United States, environmental practitioners, real estate developers, and consultants believed that boundaries would be set for determining when a wetland was regulated under the Clean Water Act (“CWA”).  Although the Rapanos decision was an unusual 4-1-4 decision, there remained hope that a … Continue Reading