News & Analysis as of

Discharge of Pollutants Environmental Litigation Environmental Protection Agency (EPA)

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

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When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Mintz

Sunshine may be among the best disinfectants but these PFAS defendants are fighting to keep their settlement with Rome, Georgia...

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Supreme Court Justice Louis Brandeis famously exclaimed sunlight is said to be the best of disinfectants. Of course the Atlanta Journal-Constitution and the Rome News-Tribune endorse that proposition. And, the newspapers...more

Foley Hoag LLP - Environmental Law

May A Court Take Judicial Notice of Gravity?

Earlier this month, United States District Court Judge Stephen Wilson held that NL Industries was not liable under CERCLA for air emissions of lead because such emissions did not constitute “disposal” within the meaning of...more

(ACOEL) | American College of Environmental...

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...more

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

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