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EPA Drafts Guidance on County of Maui’s “Functional Equivalent” Test

On Tuesday, December 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a Draft Guidance Memorandum attempting to place the recent Supreme Court decision in County of Maui v. Hawaii Wildlife Fund “into context...more

Supreme Court Rules Clean Water Act Protections Can Extend to Groundwater; Creates Conflict with New 2020 WOTUS Rule

On April 23, 2020, the United States Supreme Court ruled that the addition of pollutants to groundwater which travels a half mile to enter navigable waters is the functional equivalent of a direct discharge, and subject to...more

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