It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions. And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more
On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Corporate Counsel ,
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
For 30 years developers, agencies and courts have struggled over defining the purview of Clean Water Act jurisdiction (“CWA” or the “Act”). However, three U.S. Supreme Court rulings and a revised federal rule attempting to...more
On May 19, 2014, the Environmental Protection Agency (EPA) released a long-delayed final rulemaking regulating cooling water intake structures at existing facilities under Section 316(b) of the Clean Water Act (CWA). For more...more
On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more