On March 12, 2025, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) issued a Memorandum outlining new guidance on implementing the “continuous surface connection” standard in...more
The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more
3/11/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Requirements ,
SCOTUS ,
State and Local Government
On April 23, 2020, the U.S. Supreme Court in a 6-3 decision held that the Clean Water Act (CWA) requires a permit for either a direct discharge from a point source into navigable waters, or the functional equivalent of a...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more
3/15/2018
/ Draft Guidance ,
Flood Management ,
Infrastructure ,
Permits ,
Policies and Procedures ,
Public Comment ,
Public Works ,
Risk Management ,
US Army Corps of Engineers ,
Utilities Sector ,
Water Resources Facilities