News & Analysis as of September 19, 2024

Clean Water Act › Reversal

+ Follow

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 -

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

Smith Gambrell Russell on 5/27/2021

The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up...more

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

Williams Mullen on 5/6/2021

Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Fourth Circuit Decision Conveys New Meaning of Clean Water Act “Point Source” for Coal Ash Ponds

Williams Mullen on 10/2/2018

In the evolving Sierra Club v. Virginia Electric & Power Company case, the U.S. Circuit Court of Appeals for the Fourth Circuit has just reversed a Virginia-based federal district court on the key issue of whether a coal ash...more

Currents - Energy Industry Insights - September 2018 #2

Spilman Thomas & Battle, PLLC on 9/14/2018

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

A Leaking Settling Pond Is Not A Point Source

Foley Hoag LLP - Environmental Law on 9/14/2018

On Wednesday, September 12, 2018, the 4th Circuit Court of Appeals reversed a District Court ruling and rejected the Sierra Club’s citizen suit against Virginia Electric Power alleging that releases of arsenic from a coal ash...more

Currents - Energy Industry Insights - August 2018 #4

Spilman Thomas & Battle, PLLC on 8/24/2018

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Discharges Through Groundwater: Fourth Circuit Expands CWA Jurisdiction

Farella Braun + Martel LLP on 6/26/2018

A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more

Fourth Circuit Rejects “Construction Submission” Theory In Case Against West Virginia

Pillsbury - Gravel2Gavel Construction & Real... on 6/21/2018

On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West Virginia, impacting their ability to comply with the Clean Water Act (CWA)....more

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Farella Braun + Martel LLP on 4/17/2018

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

The Supreme Court - May 2016 #4

Dorsey & Whitney LLP on 6/2/2016

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

10 Results

View per page

Page: of 1

Clean Water Act › Reversal

"My best business intelligence, in one easy email…"