Supreme Court of the United States Clean Water Act NPDES

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
News & Analysis as of

EPA and Army Corps Propose Expansive Regulation Identifying Jurisdictional Waters under the Clean Water Act

In response to the U.S. Supreme Court’s failure to establish definitive guidelines in a recent case, Rapanos v. U.S.,1 the U.S. EPA and the Army Corps of Engineers issued a proposed regulation2 redefining the “waters of the...more

Do You Need To Permit Your Stormwater Discharge?

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System (NPDES) in the 1972 Clean Water Act. Yet, confusion remains about which activities and discharges actually require...more

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

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

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

No Permit Required For Timber Harvesting

The U. S. Supreme Court’s March 20, 2013, decision in Decker v. Northwest Environmental Defense Center is good news for the logging industry. The Clean Water Act (Act) and EPA’s Silvicultural Rule (Regulation) do not require...more

U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff

The U.S. Supreme Court has reversed a 2010 Ninth Circuit Court of Appeals decision and reaffirmed that a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) point source discharge permit is not...more

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

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

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...

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

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

Swimming Upstream: 9th Circuit CWA Cases Heading To SCOTUS

Originally published in Law360, New York on August 17, 2012. The U.S. Supreme Court has agreed to review two U.S. Ninth Circuit Court of Appeals Clean Water Act (CWA) cases. Both cases involve the extent to which...more

11 Results
|
View per page
Page: of 1