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Citizen Suit/Clean Water Act Enforcement: Environmental Integrity Project Notice of Intent to Sue York County, Pennsylvania, Food Processing Facility | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

Citizen Suit/Clean Water Act Enforcement: Environmental Integrity Project Notice of Intent to Sue York County, Pennsylvania, Food Processing Facility | Mitchell, Williams, Selig, Gates & Woodyard, P L L C
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Criminal Negligence Standard/State Clean Water Act Programs: U S Environmental Protection Agency Proposed Regulatory Clarification | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The United States Environmental Protection Agency (“EPA”) is proposing in a December 14th Federal Register Notice a regulation to “clarify” certain requirements for state or tribal programs approved pursuant to Clean Water Act Sections 402 and 404. See 85 Fed. Reg. 80713. EPA states that the state and tribal programs are not required to include the same criminal standard that is applicable to the federal agency under Section 309 of the Clean Water Act. Like most federal environmental statutes, the Clean Water Act provides that states and tribes can obtain delegation to implement through permitting and enforcement the program. The Section 402 and 404 programs may each be delegated to a state or tribe if they meet certain requirements. For example, states and tribes seeking approval for a permitting program under Sections 402 or 404 must have adequate authority:

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