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Water Pollution Jurisdiction

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

Snell & Wilmer

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

Snell & Wilmer on

Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s...more

Williams Mullen

Fourth Circuit Decision Conveys New Meaning of Clean Water Act “Point Source” for Coal Ash Ponds

Williams Mullen on

In the evolving Sierra Club v. Virginia Electric & Power Company case, the U.S. Circuit Court of Appeals for the Fourth Circuit has just reversed a Virginia-based federal district court on the key issue of whether a coal ash...more

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