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Replacement of the Clean Water Rule to Be a Two-Step Process
Authors: Andrew C. Silton, Richard S. Davis, James M. Auslander, Karen M. Hansen, W. Parker Moore, Timothy M. Sullivan
Beveridge & Diamond, P.C., June 28, 2017


Fourth Circuit: CWA Permit Shield Requires Compliance with Incorporated Quality Standards
Authors: Richard S. Davis, Andrew C. Silton
Beveridge & Diamond, P.C., January 9, 2017


Beveridge & Diamond as Lead Trial Counsel for BNSF in First-Impression Clean Water Act Citizen Suit
November 18, 2016


WOTUS Litigation Update: Confusion Breeds Confusion
Authors: Fred Wagner, Jamie Auslander, Richard Davis and Fred Wagner
EnviroStructure, August 28, 2015


Beveridge & Diamond Secures Major Clean Water Act Ruling in U.S. Court of Appeals for Seventh Circuit
Beveridge & Diamond, P.C., July 10, 2015


Coal and Transportation Companies Challenge Ninth Circuit Decision Limiting CWA Permit Shield Defense
Authors: Richard Davis, Tim Sullivan, and Steve Sarno
Beveridge & Diamond, P.C., March 17, 2015


The Fourth Circuit Limits the Clean Water Act’s Permit Shield Defense
Beveridge & Diamond, P.C.
July 15, 2014


For the Defense Publishes Critique of Environmental Citizen Suits Authored by Beveridge & Diamond and Waste Connections
Beveridge & Diamond, P.C., April 22, 2014


EPA, Army Corps Propose Expansive Rule Redefining CWA Jurisdiction
Beveridge & Diamond, P.C., April 1, 2014


Beveridge & Diamond Helps City of Albany and Adjoining Communities Forge Successful Plan to Improve Hudson River Water Quality
Beveridge & Diamond, P.C., February 4, 2014


Beveridge & Diamond Secures Approval of $3.7 Billion Clean Water Act Consent Decree
Beveridge & Diamond, P.C., January 22, 2014


U.S. Supreme Court Upholds CWA Logging Roads Exemption, Endorses Citizen Suit Enforcement of Ambiguous Agency Rules
Beveridge & Diamond, P.C., March 25, 2013


Supreme Court Reaffirms CWA Discharge Ruling in L.A. Stormwater Case
Beveridge & Diamond, P.C., January 10, 2013


Court Rejects EPA’s Efforts to Regulate Stormwater as a Pollutant
Beveridge & Diamond, P.C., January 4, 2013


EPA Proposes New General Permit for Stormwater Discharges from Construction Activity
Beveridge & Diamond, P.C., May 16, 2011


Who Rules the Roost? CWA After Maryland Ruling
Beveridge & Diamond, P.C., September 17, 2010


Fourth Circuit Limits Nuisance Suits and Strengthens Preemption under Federal Environmental Laws
Beveridge & Diamond, P.C., July 30, 2010


EPA Announces Federal Strategy for Chesapeake Bay and Related Settlement Agreement in Fowler v. EPA
Beveridge & Diamond, P.C., May 14, 2010


EPA Proposes Freshwater Nutrient Criteria for Florida, Other States May Follow
Beveridge & Diamond, P.C., January 22, 2010


EPA Seeks Comments on Proposal to Expand Stormwater Regulation at Newly Developed and Redeveloped Sites
Beveridge & Diamond, P.C., January 14, 2010


EPA Finalizes Enforceable Numeric Limits on Stormwater Discharges from Construction Sites
Beveridge & Diamond, P.C., December 3, 2009


California Zeroes in on Stormwater in Novel TMDL for PCBs
Beveridge & Diamond, P.C., November 12, 2009


EPA Announces Plan to “Revamp” CWA Enforcement Approach
Beveridge & Diamond, P.C., October 16, 2009


Eleventh Circuit Defers to EPA’s Water Transfers Rule In Bellwether Case
Beveridge & Diamond, P.C., June 9, 2009


EPA To Review Climate Change Impacts on Ocean Acidification under Clean Water Act
Beveridge & Diamond, P.C., April 20, 2009


EPA Seeks Two-Year Stay of Sixth Circuit’s Invalidation of NPDES Permit Exemption for Pesticide Applications; Will Not Pursue Further Appeals
Beveridge & Diamond, P.C., April 13, 2009


Cost-Benefit Analysis in Regulations for Cooling Water Intake Structures Upheld
Beveridge & Diamond, P.C., April 7, 2009


White House Calls for Review of Proposed or Recently Finalized Regulations
Beveridge & Diamond, P.C., January 30, 2009


Sixth Circuit Vacates EPA’s Clean Water Act NPDES Permit Exemption for FIFRA-Compliant Pesticide Applications
Beveridge & Diamond, P.C., January 8, 2009


EPA Issues General Permit for Vessels
Beveridge & Diamond, P.C., January 7, 2009


EPA Issues Amendments to SPCC Rule
Beveridge & Diamond, P.C., December 3, 2008


EPA Issues Final Rule Excluding Water Transfers from NPDES Permitting
Beveridge & Diamond, P.C., June 11, 2008


EPA Announces New Water Quality Trading Guide for Regulated Community
Beveridge & Diamond, P.C., August 20, 2007


EPA, Army Corps Issue New Wetlands Regulatory Guidance
Beveridge & Diamond, P.C., June 7, 2007


Supreme Court Declines to Grant Certiorari in Case Requiring Daily Pollutant Limits for Clean Water Act Total Maximum Daily Loads
Beveridge & Diamond, P.C., January 18, 2007


Emerging Ocean Law Issues: Shipping and the Environment
Beveridge & Diamond, P.C., November 20, 2006


EPA Proposes Regulatory Amendment to Exclude Water Transfers From NPDES Permitting
Beveridge & Diamond, P.C., June 8, 2006


D.C. Circuit Holds that Total Maximum Daily Loads Under the Clean Water Act Require Daily Pollutant Limits
Richard Davis and Ami Grace-Tardy
Beveridge & Diamond, P.C., May 1, 2006

The U.S. Court of Appeals for the District of Columbia has decided that pollutant limits established for impaired waterbodies under the Clean Water Act must be daily loading limits, not annual or seasonal limits as currently allowed by the U.S. Environmental Protection Agency (“EPA”). In Friends of the Earth, Inc. v. Envtl. Prot. Agency, D.C. Cir., No. 05-5015, April 25, 2006, the D.C. Circuit addressed the issue of whether limits on pollutant loadings known as Total Maximum Daily Loads (“TMDLs”) can be established on an annual or seasonal basis rather than a daily basis. Breaking with the Second Circuit, the D.C. Circuit determined that discharge limits under the Clean Water Act TMDL program must be expressed as daily limits in accordance with the plain language of 33 U.S.C. § 1313(d)(1)(C). For more information, contact Richard Davis at (202) 789-6025 (rdavis@bdlaw.com), Karen Hansen at (202) 789-6056 (khansen@bdlaw.com) or Ami Grace-Tardy at (202) 789-6076 (agrace@bdlaw.com).


Tenth Circuit Limits Preclusive Effect of Administrative Enforcement Under the Clean Water Act
Richard Davis and Rowan Seidel
Beveridge & Diamond, P.C., November 30, 2005

The U.S. Court of Appeals for the Tenth Circuit has held that a citizen plaintiff can bring equitable claims pursuant to the Clean Water Act, 33 U.S.C. § 1365(a) (2000), even if an administrative enforcement action has already been commenced. In Paper, Allied-Industrial Chemical and Energy Workers International Union v. Continental Carbon Co., 10th Cir., No. 03-6243, Nov. 8, 2005, the Tenth Circuit addressed the issue of whether the jurisdictional bar of the Clean Water Act, 33 U.S.C. § 1319(g)(6)(A)(ii), applies to both civil penalty claims and equitable claims. Breaking with the First and Eighth Circuits, the Tenth Circuit determined that the Clean Water Act does not bar concurrent citizen suits for injunctive or declaratory relief where an administrative enforcement action is ongoing. For more information, you can click on the link to Continental Carbon, or contact Richard Davis at (202) 789-6025 (rdavis@bdlaw.com) or Rowan Seidel at (202) 789-6039 (rseidel@bdlaw.com).


Implementing The Clean Water Act: Facing The Problems Of Limited Resources In the TMDL Program
The Metropolitan Corporate Counsel, April 2003