Permits, Discharge of Pollutants

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

by James Potter | Nexsen Pruet, PLLC on 5/16/2013

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits

by Chris Carr, Shaye Diveley | Morrison & Foerster LLP on 3/22/2013

In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s (“EPA”) long-standing interpretation that stormwater run-off from logging roads are exempt from NPDES...more

Logging Roads Get A Pass – At Least For Now

by David Ubaldi | Davis Wright Tremaine LLP on 3/22/2013

Yesterday, in a 7-1 decision with Justice Scalia the lone dissenter, the U.S. Supreme Court handed a major victory to the forest products industry. As it does so often, the Court reversed a Ninth Circuit ruling that had...more

When Do Air Emissions Constitute a Discharge to Waters of the United States? Any Time the Emissions Reach Waters of the United...

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 2/4/2013

In a fascinating post today, my colleague from the American College of Environmental Lawyers, Patricia Finn Braddock, reported on a case at the intersection of the Clean Water Act and the Clean Air Act that could have...more

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 1/29/2013

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

U.S. Supreme Court Overturns Effort To Hold Stormwater Permit Holder Liable For Condition Of Waters Passing Through

by Ronald Farley | Burr & Forman on 1/25/2013

The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their...more

Flood Control District Wins Dispute Over Discharge Of Storm Water That Flows Through Improved Portions Of Navigable Waterways

by Janet Goldsmith, Jeffrey L. Massey, Eric Robinson | Kronick, Moskovitz, Tiedemann & Girard on 1/21/2013

In its most recent foray into the meaning of the Clean Water Act, the Supreme Court has answered the fundamental question: “Does a ‘discharge of pollutants’ occur when polluted water flows from one portion of a river that is...more

U.S. Supreme Court Issues Clean Water Act Opinion

by Scott Hitch | Burr & Forman on 1/21/2013

On January 8, 2013, the U.S. Supreme Court, in a unanimous decision reversing the Ninth Circuit Court of appeals, held that “the flow of water from an improved portion of a navigable waterway into an unimproved portion of the...more

Supreme Court Offers Comfort To Owners Of Dams And Water Control Facilities

by Timothy J. Lundgren | Varnum LLP on 1/16/2013

In a ruling that has important implications for the hydropower industry, municipal water control systems, and dam owners everywhere, the U.S. Supreme Court strongly affirmed an earlier holding that a "discharge of a...more

Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act

by James Rusk | Sheppard Mullin Richter & Hampton LLP on 1/11/2013

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation,...more

U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water...

by Amy L. Edwards, Jerrold Ganzfried, Lawrence R. Liebesman | Holland & Knight LLP on 1/11/2013

On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure...more

Supreme Court Decision Good News for Dam Owners

by Lisa Doehl, Richard Glick | Davis Wright Tremaine LLP on 1/10/2013

On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more

Supreme Court Reverses Ninth Circuit: Absent a "Discharge of a Pollutant" Receiving Water Exceedances are not a Violation of Clean...

by Mary Lynn Coffee, David Miller | Nossaman LLP on 1/9/2013

On January 8, 2013, the United States Supreme Court reversed the Ninth Circuit Court of Appeals, which had found that the owner and operator of a storm drain system and permittee under a federal Clean Water Act (CWA) Section...more

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Permits › Discharge of Pollutants