Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more
Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy -
Insurance coverage litigation arising out of the 2010 Deepwater Horizon...more
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
Clean Water Agencies Propose to Redefine and Limit “Waters of the United States” -
The United States EPA and the United States Army Corps of Engineers are proposing to redefine—and significantly limit—the scope of “Waters...more
The United States EPA and the United States Army Corps of Engineers are proposing to redefine—and significantly limit—the scope of “Waters of the United States” (“WOTUS”) that are subject to federal jurisdiction under the...more
On July 12, 2018, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) published a “Supplemental Notice of Proposed Rulemaking” soliciting additional comments on...more
Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds