News & Analysis as of

Jurisdiction NPDES

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

Akin Gump Strauss Hauer & Feld LLP

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

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

Does a Discharge to Groundwater Require an NPDES Permit? Arkansas Environmental Federation Water Conference Presentation...

I under took a presentation at the April 18th Arkansas Environmental Federation Water Conference (“Conference”) titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”) The Presentation focused...more

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

Waters of the United States/U.S. EPA Proposed Rule: St. Francis Levee District of Arkansas Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....more

Ward and Smith, P.A.

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

Ward and Smith, P.A. on

The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...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

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Proposes New Rule

On December 11th the United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced the proposal of a new rule addressing the Clean Water Act definition waters of the United...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

Farella Braun + Martel LLP

Discharges Through Groundwater: Fourth Circuit Expands CWA Jurisdiction

A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more

King & Spalding

The Supreme Court Clarifies Court Jurisdiction in Challenges to Clean Water Act Rules; Muddies the Water for WOTUS

King & Spalding on

The Supreme Court unanimously ruled that challenges to the Waters of the United States (“WOTUS”) Rule, which defines the jurisdictional reach of the Clean Water Act, must be resolved in federal district courts and not the...more

Foley Hoag LLP - Environmental Law

The Supreme Court Sends WOTUS Rule Challenges to the District Courts — It’s Good to Be King

On January 22,2018, the Supreme Court ruled that challenges to the WOTUS Rule must be heard in the district courts. At a certain level, the decision was easy and obvious – as evidenced by the absence of any dissent. ...more

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

Future of Waters of the United States/Examining the Role of States: U.S. House of Representatives Committee on Science, Space, &...

The Subcommittee on Environment of the United States House of Representatives Committee on Science, Space, & Technology (“Committee”) is holding a hearing today titled: ...Waters of the United States: Examining the Role of...more

McGuireWoods LLP

Clean Water Environmental Issues for 2015

McGuireWoods LLP on

There are a handful of legal and regulatory issues on the horizon in 2015 that are worth watching. Some of these issues, like the U.S. Environmental Protection Agency’s (EPA’s) Cooling Water Rule and the U.S. Army Corps of...more

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