In a decision which seems likely to inject yet more uncertainty into whether the introduction of pollutants to surface waters via groundwater triggers the permitting requirements of the Clean Water Act (“CWA”), a majority of...more
4/28/2020
/ 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
On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
9/23/2019
/ Clean Water Act ,
Clean Water Rule ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Navigable Waters ,
Proposed Regulation ,
Regulatory Oversight ,
Trump Administration ,
Water Pollution ,
Waters of the United States ,
Wetlands
The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more
The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more
1/7/2019
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
Point Sources ,
Split of Authority ,
Statutory Authority ,
Water ,
Waters of the United States
On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
Would you consider this a “Water of the United States” subject to the Clean Water Act?
Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus...more