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Clean Water Act › Environmental Policies › Environmental Liability

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

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On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

Sullivan & Worcester

Supreme Court Overturns U.S. Government's Effort to Insulate Navy from Liability to Territory of Guam for Landfill Cleanup

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On May 24, 2021, in an opinion written by Justice Thomas, a unanimous Supreme Court ruled that Guam’s lawsuit against the US Navy was not barred by CERCLA, thus restoring the Territory’s claim for recovery of costs to...more

Robinson+Cole Manufacturing Law Blog

2019 Environmental, Health, and Safety Outlook For Manufacturers

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This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more

Bricker Graydon LLP

Sixth Circuit rules that the Clean Water Act does not regulate discharges to navigable waters via groundwater

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In two opinions issued on September 24, 2018, the Sixth Circuit ruled that discharges of a pollutant to surface waters through groundwater do not require a National Pollutant Discharge Elimination System permit, pursuant to...more

Perkins Coie

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

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A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more

Burr & Forman

EPA Seeks Comments on Discharges of Pollutants to Groundwater

Burr & Forman on

On February 20, the Environmental Protection Agency published in the Federal Register a request for comments on a longstanding EPA policy regarding the question of whether and to what extent discharges to groundwater might be...more

Perkins Coie

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Williams Mullen

Environmental Notes - May 2017

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The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

King & Spalding

In BP Gulf Oil Spill Litigation, the District Court Decided Important Legal Questions that will Likely be Appealed, including the...

King & Spalding on

On September 4, 2014, U.S. District Judge Carl Barbier issued findings of fact and conclusions of law for the trial of the MDL of the Gulf Oil Spill, which included findings that the oil spill was the result of BP Exploration...more

Blank Rome LLP

Trial Judge Concludes The Deepwater Horizon Spill Caused By BP’s Gross Negligence And Willful Misconduct

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On September 4, 2014 the federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability. The court concluded that BP is subject to...more

Foley Hoag LLP - Environmental Law

NPDES Permits Are Construed Narrowly Against the Permittee

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In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

Best Best & Krieger LLP

Ninth Circuit Says Los Angeles County Flood Control District is Liable for River Pollution - Appellate Court Sidesteps Supreme...

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The Ninth Circuit Court of Appeals ruled on August 8, 2013, that elevated pollutant levels in the Los Angeles and San Gabriel rivers represent a violation of the National Pollutant Discharge Elimination System (NPDES) permit...more

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