Tag: Clean Water Act

Wastewater Standards Revisions for Oil and Gas Extraction and Coal Power Plants

On March 12, 2025, the EPA made two announcements: Background The Clean Water Act (CWA) requires the EPA to revise industry-wide wastewater treatment limits, called effluent limitations guidelines (ELGs), to keep pace with innovations in pollution control technology. “[ELGs] are national industry-specific wastewater regulations based on the performance of demonstrated wastewater treatment technologies (often called […]

SCOTUS Makes It More Challenging for EPA to Police Water Discharges

The U.S. Supreme Court (SCOTUS) issued a split 5-to-4 decision, narrowly deciding in favor of the city of San Francisco in San Francisco v. the EPA on March 4, 2025. The decision makes it more difficult for the EPA to regulate the discharge of raw sewage that occasionally occurs during heavy rains in the city […]

Stormwater discharges, runoff

EPA Issues $50K Fine for NPDES Construction Permit Violations

In a news release, the EPA recently announced it fined The Cliff Corp. and Grupo Caribe, LLC, a total of $50,000 for violations of the Clean Water Act (CWA) relating to their ongoing construction project for an 86-villa development in the Borinquen Ward of Aguadilla, Puerto Rico. “The companies failed to comply with a water […]

Oil Company Indicted on Alleged CWA Violations

A federal grand jury has indicted Houston-based Phillips 66 on several charges related to alleged Clean Water Act (CWA) violations. Phillips is charged with two counts of negligently violating the CWA and four counts of knowingly violating the CWA in incidents that allegedly discharged thousands of gallons of industrial wastewater from the Phillips Carson oil […]

SCOTUS Hears Case Over San Francisco’s Wastewater Discharges

Arguments in City and County of San Francisco v. EPA were heard before the Supreme Court of the United States (SCOTUS) in October. The question before SCOTUS is whether the Clean Water Act (CWA) allows the EPA (or an authorized state) “to impose generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits that subject […]

Seafood Processor Receives $168K Penalty for CWA Violations

The EPA recently announced Starbound, LLC, a subsidiary of Aleutian Spray Fisheries, Inc., in Seattle, Washington, reached a consent agreement with the Agency that includes penalties of $168,000 for alleged Clean Water Act (CWA) violations at operations off the coasts of Oregon, Washington, and Alaska. CWA NPDES permit regulations The CWA prohibits the “discharge of […]

EPA Enforcement Roundup Q2 2024

In the second quarter (Q2), the EPA finalized 388 settlement agreements with companies small and large across the United States. This represents a large increase in enforcement actions—up from 235 penalties—issued in Q1 for 2024. The actions taken resulted in $11,061,445 in fines. Here are some of the highlights. CAA violations yield biggest fine from […]

SCOTUS to Review EPA Wastewater Rules

EPA Clean Water Act (CWA) wastewater regulations are set to face U.S. Supreme Court (SCOTUS) scrutiny. In the case City and County of San Francisco v. EPA, San Francisco is suing the EPA over generic water quality prohibitions in permitting decisions. “The EPA had urged the Supreme Court to decline the petition, insisting narrative limitations […]

Wetlands Protections After Sackett Decision

The consequences of last year’s U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA are revealing themselves across the nation, as exemplified on both sides of the Wabash River, which runs between Illinois and Indiana. That decision, which redefined “waters of the United States” (WOTUS), stated, “Wetlands that are separate from traditional navigable waters cannot […]

EPA Finalizes CWA Hazardous Substance Facility Response Plan Rule

On March 14, 2024, EPA Administrator Michael Regan signed a final rule requiring certain facilities to develop facility response plans (FRP) for a worst-case discharge of Clean Water Act (CWA) hazardous substances or the threat of such a discharge. Worst-case discharges are defined as the largest foreseeable discharge in adverse weather conditions, including extreme weather […]