On July 27, 2020, U.S. Department of Justice (DOJ) Assistant Attorney General (AAG) Jeffrey Bossert Clark issued a memorandum setting forth limitations to federal civil enforcement discretion concerning certain Clean Water...more
If three states have their way, EPA’s general permit for industrial stormwater discharges will impose obligations relating to per- and polyfluoroalkyl substances (PFAS). Colorado, Massachusetts, and New Mexico submitted...more
A long-running dispute between the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDC) moved a step closer to resolution, with the Ninth Circuit U.S. Court of Appeals ordering EPA to...more
The U.S. Supreme Court held today, in a much-anticipated ruling, that the Clean Water Act’s (CWA) requirement to obtain a National Pollutant Discharge Elimination System (NPDES) permit, can apply to certain releases of...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Key Takeaways -
• Environmental NGOs plan to heavily scrutinize regulated entities’ compliance and EPA’s handling of non-compliance during the pandemic.
...more
In an order with serious and immediate national implications for the construction of pipelines, electrical lines, fiber optic cable, and other utility projects, a Montana federal court has vacated Clean Water Act (CWA)...more
The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2020 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP), which authorizes stormwater discharges...more
On November 26, a federal district court judge in Massachusetts held that releases of pollutants reaching surface waters through groundwater do not require permits under the Clean Water Act (CWA), “irrespective of any...more
The Supreme Court of the United States heard oral argument in County of Maui v. Hawai’i Wildlife Fund, No. 18-260, a case in which the justices will decide a key jurisdictional issue under the Clean Water Act (CWA): whether...more
On August 21, Jeffrey Clark, the Assistant Attorney General (AAG) for the Environment and Natural Resources Division, issued a memorandum diminishing state and local governments’ ability to use supplemental environmental...more
On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its regulations (40 C.F.R. Part 121) implementing Section 401 of the Clean Water Act (CWA), 33 U.S.C. § 1341. The proposed...more
The U.S. Supreme Court has granted certiorari on a critical question affecting the scope of the Clean Water Act (CWA): whether releases of pollutants require National Pollutant Discharge Elimination System (NPDES) permits...more
On December 18, the New York Drinking Water Quality Council recommended that the New York State Department of Health (DOH) adopt stringent new standards for the presence of three emerging contaminants in drinking water. The...more
On December 11, 2018, the U.S. Environmental Protection Agency and Army Corps of Engineers (the “agencies”) announced once again that they are proposing a new rule to redefine the scope of waters and wetlands subject to...more
On December 3, 2018, the U.S. Supreme Court requested the federal government’s views on two petitions for certiorari asking the Court to decide whether the Clean Water Act (CWA) regulates releases of pollutants that reach...more
On Monday, divided panels of the U.S. Court of Appeals for the Sixth Circuit issued a pair of decisions holding that Clean Water Act (“CWA”) Section 301’s prohibition on unpermitted discharges does not apply to pollutants...more
Earlier this year, the Fourth and Ninth Circuits decided a pair of cases that have the potential to greatly expand the scope of the National Pollution Discharge Elimination System (NPDES) permit program under the Clean Water...more
On February 1, 2018, the Ninth Circuit issued a decision in Hawai’i Wildlife Fund, 886 F.3d 737 (9th Circ. 2018), that has the potential to greatly expand the scope of the National Pollution Discharge Elimination System...more
Last week, the U.S. District Court for the Central District of California gave environmental groups a significant win in their bid to force EPA to regulate new sources of stormwater discharges under the Clean Water Act...more
If the first two months of 2018 are any indication, events to play out over the rest of the year will have a major impact on what constitutes a “discharge” subject to regulation under Section 402 of the Clean Water Act (CWA)....more
On February 1, the Ninth Circuit issued a decision that has the potential to sweep regulated groundwater discharges that reach surface waters, and similarly remote-in-place discharge situations, into the Clean Water Act’s...more
In a memorandum issued earlier this month, the U.S. Department of Justice (DOJ) clarified how a policy prohibiting settlement payments to third parties, announced in June 2017, will apply in cases handled by DOJ’s...more
The past several months have witnessed multiple attempts by environmental groups bring currently unregulated entities that discharge stormwater into the Clean Water Act (CWA) National Pollution Discharge Elimination System...more
In a unanimous opinion, the Supreme Court today held that lawsuits challenging the 2015 rule amending the definition of waters of the United States (WOTUS Rule) under the Clean Water Act (CWA) must be brought in federal...more
The Environmental Protection Agency and Army Corps of Engineers announced yesterday that the implementation of President Trump’s executive order directing EPA and the Corps to replace the Clean Water Rule will be a two-step...more