News & Analysis as of

Groundwater Supreme Court of the United States Environmental Policies

Gray Reed

Texas Supreme Court Will Review Produced Water Case

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Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

Allen Matkins

California Environmental Law & Policy Update - 6.23.23

Allen Matkins on

3M announced on Thursday that it has reached a $10.3 billion settlement with many U.S. public water systems to resolve water pollution claims tied to per- and polyfluoroalkyl substances, commonly known as “PFAS.”...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Jenner & Block

WOTUS to Get The SCOTUS Treatment, Again

Jenner & Block on

On January 24, 2022, the U.S. Supreme Court agreed to hear a case on the scope and authority of the Clean Water Act (“CWA”). The Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency,...more

Stinson LLP

How Can We Chart a Course on Navigable Waters?

Stinson LLP on

Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into...

Prior to deciding whether to review an important February 1, 2018, U.S. Court of Appeals for the Ninth Circuit decision involving the jurisdictional reach of the Clean Water Act (CWA), Hawai’i Wildlife Fund, et al., v. County...more

Womble Bond Dickinson

SCOTUS Will Review a Portion of the County of Maui Case Involving a Clean Water Act Citizen Suit

Womble Bond Dickinson on

The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more

Cole Schotz

Clean Water Act Jurisdiction Expansion? Supreme Court Takes Up Circuit Court Debate Over Groundwater Discharges To Navigable...

Cole Schotz on

The United States Supreme Court agreed to consider the issue of whether a Federal Clean Water Act (“CWA”) permit is required for discharges of pollutants from point sources that reach CWA navigable waters through a...more

WilmerHale

Solicitor General Asks Supreme Court to Review the Decisions Adopting the Groundwater as Conduit Theory

WilmerHale on

In consideration of a request for a writ of certiorari in the cases County of Maui v. Hawaii Wildlife Fund, No. 18-260 and Kinder Morgan Energy Partners v. Upstate Forever, No. 18-268, the US Supreme Court invited the views...more

Burr & Forman

SCOTUS Seeks Views of Solicitor General in Groundwater Cases

Burr & Forman on

On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act....more

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