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Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

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

Colorado Meets Maui: District Court Analyzes Discharges to Groundwater

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

Striking Middle Ground(water), the Supreme Court Holds That Some Discharges to Groundwater Require Clean Water Act Permits

The U.S. Supreme Court issued on April 23, 2020, a significant and controversial Clean Water Act (“CWA”) decision in County of Maui v. Hawaii Wildlife Fund et al. As summarized previously, the issue presented was whether the...more

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