Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more
2/7/2022
/ Appeals ,
Biden Administration ,
Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters Protection Rule ,
Petition for Writ of Certiorari ,
Proposed Rules ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On April 23, 2020, the U.S. Supreme Court in a 6-3 decision held that the Clean Water Act (CWA) requires a permit for either a direct discharge from a point source into navigable waters, or the functional equivalent of a...more
4/29/2020
/ 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
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
2/22/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Coal Industry ,
Deregulation ,
Discharge of Pollutants ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hughes v United States ,
Hydropower ,
Jurisdiction ,
Marks v US ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Rapanos v US ,
Renewable Energy ,
SCOTUS ,
Split of Authority ,
Stormwater Discharge Permits ,
Trump Administration ,
Underground Injection Wells ,
Unduly Burdensome ,
US Army Corps of Engineers ,
Wastewater ,
Waters of the United States