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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 […]
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 […]
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 […]
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 […]
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 […]
The U.S. District Court for the District of Columbia recently ruled that the EPA violated the Endangered Species Act (ESA) in granting the state of Florida Clean Water Act (CWA) Section 404 permitting authority. The court’s order in the case, Center for Biological Diversity et. al., v. Michael S. Regan et al., vacates the Sunshine […]
Two public interest groups have filed a notice of intent (NOI) to sue the International Boundary and Water Commission (IBWC) over alleged Clean Water Act (CWA) violations from Tijuana sewage. In the NOI, the two groups, San Diego Coastkeeper and the Coastal Environmental Rights Foundation (CERF), document “hundreds of violations … that result in the […]
On November 9, 2023, the EPA announced SA Recycling LLC of St. Louis, Missouri, will pay $68,000 in civil penalties to resolve alleged violations of the federal Clean Water Act (CWA). According to the Agency, the company failed to adequately control stormwater runoff from its scrap metal recycling and processing facility. The EPA says these […]
On September 14, 2023, the EPA announced a final rule to restore the fundamental authority granted by Congress under the Clean Water Act (CWA) to states, territories, and tribes to protect water resources. “The Agency’s final Clean Water Act Section 401 Water Quality Certification Improvement Rule (Section 401) will support clear, efficient, and focused water […]
On August 3, 2023, the EPA announced Robert Yundt Homes, LLC, and Robert Yundt, a homebuilder based in Alaska, were assessed fines of $107,000 for alleged Clean Water Act (CWA) violations as part of a proposed consent decree. “From 2019 through 2021, Robert Yundt Homes, LLC and Mr. Yundt are accused of using heavy earthmoving […]