In a decision which seems likely to inject yet more uncertainty into whether the introduction of pollutants to surface waters via groundwater triggers the permitting requirements of the Clean Water Act (“CWA”), a majority of...more
4/28/2020
/ 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
EPA has released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonate (PFOS) for public review and comment as part of the Agency’s PFAS...more
5/6/2019
/ CERCLA ,
Comment Period ,
Draft Guidance ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Interim Guidance ,
Public Comment ,
RCRA ,
Site Remediation ,
Toxic Chemicals
The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more
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
1/7/2019
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
Point Sources ,
Split of Authority ,
Statutory Authority ,
Water ,
Waters of the United States
In late September, representatives of USEPA, NIEHS, University of North Carolina, Duke University and others participated in the symposium on “Emerging Contaminants in Ambient Environment: Perspectives to Guide North...more