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Water Clean Water Act Groundwater

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

Williams Mullen on

The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

Brownstein Hyatt Farber Schreck

Brownstein Clients Successfully Advocate Against Nationwide Injunction and Secure Ruling Permitting USFS to Continue Use of Aerial...

Notwithstanding the increasing size and severity of wildfires over the past decade, certain plaintiff groups have sought to constrain the government’s response to wildfires. Brownstein was honored to have the opportunity to...more

Brownstein Hyatt Farber Schreck

Brownstein Scores Big Win in Historic Case Affecting All Water Users in California

Water recycling is a high priority for California—a critical water supply in a state still burdened by massive drought—but the considerations a city or water agency must contend with in navigating decisions on water supply...more

Brownstein Hyatt Farber Schreck

A New Frontier in Class VI Carbon Storage Permitting on the Horizon

A promising long-term carbon storage solution could become more viable as the federal government and several states look to speed up the Class VI injection well permitting process. The Safe Drinking Water Act requires the...more

Foley Hoag LLP - Environmental Law

Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way

Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. The decision is not a...more

Brownstein Hyatt Farber Schreck

Bridging Intention and Outcomes

Panel discussion takeaways on the intersection of environmental justice, groundwater management and how to better include diverse stakeholders in natural resource issues. On March 24, 2021, the Groundwater Resources...more

Stoel Rives - Environmental Law Blog

Update: State Water Board Adopts Final Winery General Order

At its January 20, 2021 Board meeting, the State Water Resources Control Board (“SWRCB” or “Board”) adopted its final General Waste Discharge Requirements (“WDRs”) for Winery Process Water (“Winery Order”) and associated...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #4

Allen Matkins on

Congress sends landmark conservation bill to White House - Bullet The New York Times – July 22 - The U.S. House of Representatives on Wednesday passed a measure that, for the first time, guarantees maximum annual funding...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’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

Holland & Knight LLP

Solicitor General Tells SCOTUS EPA Poised to Act on CWA Comments

Holland & Knight LLP on

On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more

Womble Bond Dickinson

Supreme Court Shows Apparent Interest in Reviewing “Hydrologic Connection” Theory of Clean Water Act Liability

Womble Bond Dickinson on

The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more

Allen Matkins

California Environmental Law and Policy Update

Allen Matkins on

Environmental and Policy Focus: Expanding the definition of "waters of the United States" – EPA's proposed new rule -- Allen Matkins - Apr 23: On April 21, 2014, the United States Environmental Protection Agency (EPA)...more

Davis Wright Tremaine LLP

Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy. First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is projected to put even more...more

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