The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more
On Nov. 14, 2022, the Colorado Water Quality Control Commission (WQCC) adopted new regulations to authorize and guide water suppliers in implementing Direct Potable Reuse (DPR). DPR is the process of directly connecting fully...more
Maui has finally made its way to Colorado. In what appears to be the first application of County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020) in the state, the District of Colorado recently held that certain...more
In 2022, Colorado joined a growing list of states seeking to regulate the use of perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) in consumer products. The Colorado General Assembly enacted House Bill 22-1345, the PFAS...more
The Colorado Water Conservation Board (CWCB) recently released a draft updated Colorado Water Plan to be finalized in early 2023 (Draft Plan). The Draft Plan continues to project a water supply gap resulting from hotter and...more
The U.S. Supreme Court issued on April 23, 2020, a significant and controversial Clean Water Act (“CWA”) decision in County of Maui v. Hawaii Wildlife Fund et al. As summarized previously, the issue presented was whether the...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Following the Lead of Many Other States in the Nation, Colorado Passes Its Own Robust Statute to Curb Retaliatory Litigation for Speaking Out on Public Issues -
Strategic Lawsuits Against Public Participation (“SLAPP”)...more
Important Ruling for Colorado’s Development Community -
On February 19, a Colorado state court judge rejected a lawsuit challenging a Douglas County rezoning decision that will now allow for the continued permitting...more