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U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale

Does a consent decree under the Clean Water Act (“CWA”) trigger a three-year limitation period to bring a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when the...more

U.S. Supreme Court Splits the Difference: Clean Water Act Permits Are Required for Some, But Not All, Discharges to Groundwater

The U.S. Supreme Court held on Thursday that the Clean Water Act (CWA) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent of a...more

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

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