The D.C. Circuit dismissed five states' petition to review EPA's extension of a compliance deadline for a revised national drinking water regulation, which in turn extended the deadline for states to enforce conforming regulations to their own. The states argued the extension would cause their resid...
EPA supplemented proposed revisions to Louisiana's Underground Injection Control (UIC) Program to approve a revision to the state's SDWA §1422 UIC program to include Class VI injection well primary enforcement responsibility.
EPA approved revisions to Nevada's state primacy program under the SDWA that adopted regulations effectuating the Federal Stage 1 Disinfectants and Disinfection Byproducts Rule.
The Minnesota Supreme Court affirmed in part and reversed in part an appellate court ruling in a challenge to the Minnesota Pollution Control Agency's (MPCA's) decision to issue an NPDES permit for a proposed mine and processing plant to extract copper, nickel, and precious metals in northeastern Mi...
The Ninth Circuit, 2-1, denied the city of San Francisco's challenge to an EPA order denying review of the city's NPDES permit for a combined sewer system and wastewater treatment facility. The city argued EPA violated the CWA by including in the permit two general narrative prohibitions on discharg...
EPA proposed comprehensive revision to the regulations governing CWA §404 tribal and state programs.
United States v. FrieslandCampina Ingredients North America, Inc. No. 3:23-cv-00937-TJM-ML (N.D.N.Y. Aug. 2, 2023). A settling CAA and CWA defendant that allegedly failed to obtain a modification to its title V CAA permit before its hydrolyzed protein powder facility in Delhi, New York, became a major source of volatile organic compound (VOC) emissions; perform a reasonably available control technology (RACT) demonstration and implement RACT before commencing operation of a major source of VOC emissions; obtain a permit before constructing a new, modified, or existing air contamination source at the facility; and report and maintain annual reports of its VOC emissions must reduce harmful toluene emissions through the installation and operation of pollution controls, comply with its permits, and pay a $2,880,000 civil penalty.
EPA approved revisions to Ohio’s Public Water System Supervision Program under the SDWA.
United States v. Belle Fourche Pipeline Co., No. 22-00089-DLH-CRH and United States v. Bridger Pipeline LLC, No. 22-00043-BLG-SPW (D.N.D. July 31, 2023). Under a proposed partial consent decree, settling CWA defendants must perform injunctive relief and pay a $12,500,000 civil penalty for violations arising from pipeline failures that resulted in discharges of oil into an unnamed tributary to Ash Coulee Creek and the Yellowstone River.
United States v. Jackson, Mississippi, City of, No. 3:12-cv-790-HTW-LGI (S.D. Miss. July 26, 2023). A proposed stipulated order under the CWA places the operation of the sewer system of the City of Jackson, Mississippi, under the control of an interim third-party manager and requires the manager to perform substantial work, including addressing more than 200 emergency sewer failure locations, addressing prohibited bypasses of treatment prior to discharging wastewater into the Pearl River, and implementing management, operations, and maintenance programs.