On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more
9/1/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod. The regulations will require landowners in “Nitrogen...more
On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square...more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more
4/30/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Common Law Claims ,
Conflicts of Laws ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Federal v State Law Application ,
Groundwater ,
Hazardous Substances ,
Land Owners ,
MT Supreme Court ,
Potentially Responsible Party (PRP) ,
Preemption ,
SCOTUS ,
Site Remediation ,
Soil ,
State Law Claims ,
Superfund
Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States