On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more
3/6/2025
/ Clean Water Act ,
Discharge of Pollutants ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation ,
Water Quality ,
Waters of the United States
In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more
In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more
Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more
4/30/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more
This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more
5/17/2019
/ CEQA ,
Clean Water Act ,
Continuing Legal Education ,
Dredge and Fill ,
NEPA ,
Permits ,
Regulatory Standards ,
State and Local Government ,
Water ,
Water Resources Control Board ,
Waters of the United States ,
Webinars ,
Wetlands
Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order.
On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more
3/20/2017
/ Clean Water Act ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Navigable Waters ,
NPDES ,
Pending Legislation ,
Permits ,
Pollution Control ,
Regulatory Reform ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft “Procedures for Discharges of Dredged or Fill Materials to Waters of the State” (Draft Permitting Procedures). The...more
Last week, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("USACE") released the final Clean Water Rule, which is intended to clarify regulatory confusion over which streams and wetlands...more
In 2007, Mingo Logan Coal Company received a Clean Water Act permit from the U.S. Army Corps of Engineers to discharge dredged or fill material from a mountain top coal mine in West Virginia into three...more
In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more
On January 8, 2013, the United States Supreme Court reversed the Ninth Circuit Court of Appeals, which had found that the owner and operator of a storm drain system and permittee under a federal Clean Water Act (CWA) Section...more