The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more
Maui has finally made its way to Colorado. In what appears to be the first application of County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020) in the state, the District of Colorado recently held that certain...more
Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more