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
On Nov. 14, 2022, the Colorado Water Quality Control Commission (WQCC) adopted new regulations to authorize and guide water suppliers in implementing Direct Potable Reuse (DPR). DPR is the process of directly connecting fully...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
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
4/28/2020
/ 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