On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
4/28/2020
/ 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
On September 24, 2018, the US Court of Appeals for the Sixth Circuit ruled that the Clean Water Act (CWA) does not require a National Pollution Discharge Elimination System (NPDES) permit for the discharges of pollutants to...more
The National Defense Authorization Act (“NDAA”) may be the most important piece of energy and environmental legislation most people have never heard of. It authorizes the appropriation of federal funds to support the U.S....more
7/27/2018
/ Appeals ,
Energy Sector ,
Environmental Claims ,
Environmental Policies ,
FERC ,
Fracking ,
Market Manipulation ,
Natural Gas ,
Natural Resources ,
NDAA ,
Oil & Gas
Last week, the US Court of Appeals for the Ninth Circuit ruled that the Clean Water Act (CWA) does not require that pollutants be discharged directly from a point source into navigable waters for liability to attach. In...more
The Tenth Circuit on July 19, 2017, in Chevron Mining, Inc. v. United States, reversed a decision by the District Court for the District of New Mexico and held that the United States is liable as an “owner” under the...more