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Muddied Groundwater: New Supreme Court Test Adds Confusion and Uncertainty to Clean Water Act Permitting Jurisdiction

On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more

Finally Finality? The Trump Administration’s Answer to One of Environmental Law’s Most Contested Questions: What Are “Waters of...

On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) finalized the Navigable Waters Protection Rule (Rule) to define “waters of the United States” (WOTUS). ...more

Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more

EPA to “Veto” Its Own Veto Authority under the Clean Water Act?

On June 26, 2018, in one of his final acts as Administrator of the U. S. Environmental Protection Agency (“EPA”), Scott Pruitt issued a memorandum that has set in motion a process to amend the regulations that govern the...more

"Culvert Case" Affirmed

Potential Implications for Northwest Regulators and Private Parties - On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known...more

Washington State Issues its First Winery General Permit

On May 17, 2018, Washington issued its first Winery General Permit (“Permit”) to regulate discharges of process wastewater from wineries to land, groundwater, and wastewater treatment plants under the authority of the State...more

EPA Administrator Moves to End “Sue and Settle”

On October 16, EPA Administrator Scott Pruitt announced a Directive to address “sue and settle” concerns with new procedures allowing public participation prior to settling lawsuits challenging EPA actions. For states,...more

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