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Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

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On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

Bricker Graydon LLP

Sixth Circuit rules that the Clean Water Act does not regulate discharges to navigable waters via groundwater

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In two opinions issued on September 24, 2018, the Sixth Circuit ruled that discharges of a pollutant to surface waters through groundwater do not require a National Pollutant Discharge Elimination System permit, pursuant to...more

Perkins Coie

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

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A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more

Burr & Forman

EPA Seeks Comments on Discharges of Pollutants to Groundwater

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On February 20, the Environmental Protection Agency published in the Federal Register a request for comments on a longstanding EPA policy regarding the question of whether and to what extent discharges to groundwater might be...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

Gray Reed on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Williams Mullen

Environmental Notes - May 2017

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The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

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