In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more
The U.S. Supreme Court clarified that the scope of federal protection under the Clean Water Act includes any “functional equivalent” of a direct discharge to navigable waters from a point source. The Court’s decision is the...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
After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more
6/4/2019
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Public Comment ,
Regulatory Oversight ,
Statutory Interpretation
On December 3, 2018, the Supreme Court of the United States issued an order requesting the Solicitor General to weigh in on a case related to the legal status of some types of groundwater. The catch? The Court’s order comes...more