After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more
4/15/2025
/ Clean Water Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Government Agencies ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more
3/7/2025
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
Wastewater ,
Water
U.S. Army Corps of Engineers Enjoined from Using NWP 12 to Authorize “Utility Line Activities” in Jurisdictional Waters -
On April 15, 2020, a federal district court in Montana invalidated the United States Army Corps of...more
The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
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