The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more
On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades: whether cultural...more
In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a discharge of pollutants from a point source to groundwater is subject to...more
5/27/2020
/ 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 a landmark ruling, the United States Supreme Court has held that, under section 301 of the federal Clean Water Act (CWA), a discharge of pollutants from a point source to groundwater is subject to regulation under the CWA,...more
4/27/2020
/ 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 ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more
6/26/2018
/ Appeals ,
Citizen Suits ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Violations ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
NPDES ,
Pipelines ,
Reversal ,
Standard of Review
Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more
4/17/2018
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Dismissals ,
Environmental Liability ,
Groundwater ,
NPDES ,
Oil Spills ,
Permits ,
Pipelines ,
Remand ,
Reversal
A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more
2/17/2018
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Permits ,
Repeal ,
Wastewater ,
Waters of the United States
Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more
7/29/2016
/ Air Pollution ,
Appeals ,
CERCLA ,
Clean-Up Costs ,
Contamination ,
Cross-Border ,
Discharge of Pollutants ,
Environmental Liability ,
Hazardous Substances ,
Natural Resources ,
RCRA ,
Reversal ,
Soil ,
Tribal Lands ,
Water Pollution