Peter Knight

Peter Knight

Peter Knight is a partner in the firm’s Environmental + Utilities Group, where he focuses on environmental litigation, defense of agency enforcement actions, and regulatory matters. He regularly assists clients with private cost recovery and complex multiparty CERCLA cases and class actions, as well as environmental remediation projects. He also represents companies and individuals in a variety of government investigations headed by the EPA, the Coast Guard and other state and federal agencies. Peter also has advised companies on developing and implementing corporate compliance programs and environmental management systems. You can view his full bio here.

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New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction sites over an acre in size. The permit covers sites in Massachusetts, New Hampshire, and several other states where EPA is the permitting … Continue Reading

RI Federal Court Sides With EPA On Stormwater Permitting Requirements

A federal court in Rhode Island recently held for the EPA on the scope of its non-discretionary duties regarding stormwater discharges.  The case arises out of the EPA’s failure to (i) notify certain commercial and industrial polluters that they must obtain stormwater discharge permits and install operational controls, and (ii) provide them with applications for … Continue Reading

EPA Updates Penalty Calculation Guidance for Industrial Stormwater Discharges

On September 8, the EPA published Supplemental Guidance to the 1995 Interim Clean Water Act Settlement Penalty Policy for Violations of the Industrial Stormwater Requirements. This new guidance applies only to stormwater discharges—including violations of EPA- or State-granted NPDES permits and unauthorized discharges associated with industrial activity—and is meant to assist EPA staff in calculating … Continue Reading

EPA Launches eDisclosure Portal to Modernize Self-Reporting

Under EPA’s long-standing Audit Policy and Small Business Compliance Policy, companies that discover, disclose, and correct environmental violations may be entitled to penalty mitigation and other benefits. On December 9, 2015, EPA published a Federal Register Notice announcing the launch of EPA’s new eDisclosure system which will modernize voluntary self-disclosures. The eDisclosure system consists of … Continue Reading

Electronic Reporting to be the NPDES Rule

After a lengthy public notice and comment period, the final National Pollutant Discharge Elimination System (“NPDES”) Electronic Reporting Rule was published in the Federal Register on October 22, 2015, and will become effective 60 days after publication on December 21, 2015. The Rule requires NPDES-regulated entities to submit their compliance monitoring reports electronically instead of … Continue Reading

Connecticut Supreme Court Dials Back CT DEEP’s Authority Over Permit Applications

In a decision that could have broad implications for all companies regulated by the DEEP, the Connecticut Supreme Court recently upheld a permit applicant’s challenge to the Agency’s authority under the Connecticut Water Diversion Policy Act. The ruling in Tilcon Connecticut v. Commission of Environmental Protection, 317 Conn. 628 (July 2015), pushes back on a … Continue Reading

Simplifying and Supplementing EPA Settlements with SEPs

What if you could settle a difficult and contentious enforcement action with the Environmental Protection Agency (EPA) by installing a green roof on a children’s hospital? The EPA not only allows for such Supplemental Environmental Projects (SEP) as a component of a negotiated resolution, the agency encourages their use. A number of states have parallel … Continue Reading