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Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more

EPA Publishes Draft Guidance on Applying Supreme Court's Decision in County of Maui v. Hawaii Wildlife Fund

The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more

Environmental Enforcement Under a Biden Administration

Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

Supreme Court Establishes Permitting Standard for Discharges to Groundwater

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

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Infrastructure Risks and Opportunities

This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

Solicitor General Asks Supreme Court to Review the Decisions Adopting the Groundwater as Conduit Theory

In consideration of a request for a writ of certiorari in the cases County of Maui v. Hawaii Wildlife Fund, No. 18-260 and Kinder Morgan Energy Partners v. Upstate Forever, No. 18-268, the US Supreme Court invited the views...more

Sixth Circuit Holds Clean Water Act Does Not Require Permits for Discharges to Groundwater

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

Ninth Circuit Holds Indirect Discharge of Pollutants Requires Clean Water Act Permit

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

SCOTUS: WOTUS Rule Suits Belong in District Courts

On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for “waters of the United States”), must be filed in federal district...more

DOJ Directive Threatens Availability of Penalty Mitigation Approach

A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more

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