On September 8, 2022, the Ninth Circuit Court of Appeals affirmed the reserved right of the Metlakatlan Indian Community to fish in the off-reservation waters where Metlakatlans had traditionally fished, and held that...more
On April 23, the United States Supreme Court held that discharges to groundwater may require a permit under the Clean Water Act if they are the “functional equivalent” of discharges directly to navigable waters. This ruling...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
In the continuing saga of Millennium Bulk Terminal’s efforts to build the largest coal export terminal in North America, on March 17, 2020, the Court of Appeals issued an unpublished decision with interesting holdings on...more