On Aug. 17, 2023, the U.S. Environmental Protection Agency (EPA) announced its final, revised National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027, seven months after soliciting public comment
Continue Reading EPA Announces Its Final National Enforcement and Compliance InitiativesRejecting the Trump administration’s novel 2019 interpretation that the Clean Water Act never requires permits for pollutant discharges to groundwater, the United States Supreme Court handed down, on April 23,
Continue Reading Supreme Court: Pollutants Reaching Navigable Waters Through Groundwater May Require Permit Under Clean Water Act
By Steve Russo and Adam Silverman
Yesterday, the Appellate Division’s Second Department of the Supreme Court of New York issued an important decision relating to municipal stormwater control programs and
Continue Reading NY Appellate Court Issues Important Decision for Municipal Stormwater Regulation
For those following stormwater regulatory issues, 2013 is proving to be a very interesting year. Last week, the U.S. Supreme Court upheld a regulation exempting stormwater flows from logging roads
Continue Reading Stormwater’s Day in the Sun
Last week was a busy week for federal stormwater regulators in New England, with the announcement that three separate stormwater-related enforcement cases had been settled. Two of these cases involved
Continue Reading Stormwater in New England: When It Rains, It Pours
On June 7, a Florida ALJ upheld Florida DEP’s nutrient water quality rules.
Continue Reading ALJ Order Upholds Florida’s Nutrient Rules
EPA’s withdrawal of its proposed rule imposing numeric turbidity standard and ongoing monitoring obligations on large construction sites’ stormwater discharges may signal a move from the use of numeric standards to regulate stormwater discharges.
Continue Reading The Murky Future of Stormwater Numeric Standards
An examination of the growing trend of stormwater citizens suits, in light of the recent decision in Conservation Law Foundation v. Patrick, C.A. No. 06-11295 (D. Mass. Apr. 14, 2011).
Continue Reading Stormwater Citizens Suit Comes to an End: Lessons Learned?
An examination of West Virginia Highlands Conservancy Inc. v. Huffman, No. 09-1474 (4th Cir. Nov. 8, 2010), which required a permit for a mine reclamation project.
Continue Reading Goverment Dancing With Itself: Permits for Remediation