It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions. And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more
On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Corporate Counsel ,
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
We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more
7/18/2018
/ Apportionment ,
Burden of Proof ,
Equitable Relief ,
Florida v Georgia ,
Original Jurisdiction ,
Remand ,
SCOTUS ,
Special Master ,
States Rights ,
Texas v New Mexico and Colorado ,
Water ,
Water Rights
On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more
On January 8, the Supreme Court of the United States (“SCOTUS”) heard back-to-back oral arguments in two major water rights disputes between states: Texas v. New Mexico and Colorado, and Florida v. Georgia. While the merits...more
For 30 years developers, agencies and courts have struggled over defining the purview of Clean Water Act jurisdiction (“CWA” or the “Act”). However, three U.S. Supreme Court rulings and a revised federal rule attempting to...more