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Sackett II Wetland Case Brewing Even As “Waters of the United States” Definition Simmers

On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more

Supreme Court Holds that NPDES Permit Can be Required for Discharges to Groundwater that Reach...

As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

EPA’s Water Transfers Rule Resurrected, but For How Long?

The United States Court of Appeals for the Second Circuit recently resurrected EPA’s embattled Water Transfers Rule (“WTR”) in a case particularly important to municipal water suppliers and others engaged in interbasin...more

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