On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated under the Clean Water Act (“CWA,” or the “Act”). In these decisions, the Sixth Circuit expressly disagrees with recent holdings from … Continue Reading
Environmental groups have obtained a favorable Clean Water Act (“CWA”) ruling from the U.S. District Court for the Central District of California, which can be viewed as an expansion of jurisdiction for stormwater permitting for industrial sources. In the Order, issued on August 9, 2018, Judge Stephen V. Wilson held that if the U.S. Environmental … Continue Reading
As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes effect on July 1, 2015. The 2014 Permit contains numerous new acronyms. Below is the quick A to Z … Continue Reading
Today, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial Activities (“Industrial General Permit” or “Permit”). The long-awaited third revised draft of the Industrial General Permit comes after two previous iterations of the draft … Continue Reading
When polluted storm water flows from a concrete-lined river channel to an unlined portion of the same river, does that movement of water constitute a “discharge of pollutants” under the Clean Water Act? Answering “no” in a short five-page opinion, the Supreme Court reversed the Ninth Circuit Court of Appeals in its recent decision, Los … Continue Reading
Reportedly, Executive Officer, Pamela Creedon of the California Regional Water Quality Control Board, Central Valley has approved a Draft Revised Monitoring and Reporting Program (Draft) for dairies under the current General Order (PDF). The Draft requirement includes changes that clarify when certain activities take place, including inspections of the production area, visual inspections of stormwater contaminant … Continue Reading
