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Supreme Court Holds Clean Water Act Permit Required for Some Discharges to Groundwater

Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent...more

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

A Resurgence in U.S. Manufacturing Requires a Sensible Mining Permitting Process

A new short video found at the website for Minerals Make Life - a National Mining Association initiative - illuminates the close ties between the widespread resurgence of manufacturing in the United States and the need for...more

California Department of Conservation ("DOC") Proposes Emergency Rulemaking for SB 4 Interim Well Stimulation Treatment...

On December 11, 2013, the DOC proposed an emergency rulemaking to implement interim provisions of SB 4. Public Resources Code section 3161, part of SB 4, provides for an interim grace period from the permitting requirement...more

It's Said and Done -- Governor Brown Signs SB 4 into Law

On Friday, September 20, 2013, just days after indicating his support for the bill, Governor Jerry Brown signed SB 4, which establishes a permitting system for the fracking of new oil and gas wells. The Department of...more

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