[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The United States Environmental Protection Agency (“EPA”) and Newburg Egg Processing Corp. (“Newburg”) entered into a May 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Water Act...more
Those of us who had the good fortune to vacation on Cape Cod as children in the 1960s or 1970s remember a fabulous vacation escape with miles of pristine beaches, cozy cottages, souvenirs, and wonderful food. Many who...more
My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more
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
The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more
The United States Environmental Protection Agency (“EPA”) and Matt Brewing, Co., Inc. (“MBCI”) entered into a September 21st Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the regulations...more
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more
The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more
The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more
The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more
The United States Attorney’s Office for the Western District of Pennsylvania issued a December 1st news release stating that a copper-processing company had been charged with three felony counts alleging violations of the...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Perryville, Arkansas (“Perryville”), entered into an October 8th Consent Administrative Order (“CAO”) addressing...more
On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean...more
On 23 April 2020 the Supreme Court, in a 6-3 opinion written by Justice Stephen Breyer, waded carefully into the very-muddied waters of Clean Water Act (CWA) jurisprudence when it issued a new test to determine when the...more
Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more
The Supreme Court ruled on April 23, 2020 that federal law can require a permit for pollutant discharges that travel through groundwater to surface water. The Court’s ruling establishes a new standard by which a Clean Water...more
Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more
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
In a landmark ruling, the United States Supreme Court has held that, under section 301 of the federal Clean Water Act (CWA), a discharge of pollutants from a point source to groundwater is subject to regulation under the CWA,...more
The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more
The United States Environmental Protection Agency (“EPA”) and Storm Oil, LLC (“Storm”) entered into a December 30th Consent Agreement (“CA”) addressing alleged violations of Section 311 of the Clean Water Act. See Docket No....more
The United States Environmental Protection Agency (“EPA”) and Newport Utilities (“Newport”) entered into an October 21st Complaint and Consent Agreement/Final Order (“Agreement”) addressing alleged violations of Section...more
The United States Environmental Protection Agency (“EPA”) and Bayside Fuel Oil Depot Corp. (“Bayside”) entered into a September 27th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 311 of...more