News & Analysis as of

Discharge of Pollutants Federal Jurisdiction Clean Water Act

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

Akerman LLP on

Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

Jenner & Block

WOTUS to Get The SCOTUS Treatment, Again

Jenner & Block on

On January 24, 2022, the U.S. Supreme Court agreed to hear a case on the scope and authority of the Clean Water Act (“CWA”). The Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency,...more

Robinson+Cole Manufacturing Law Blog

Federal Court Strikes Down Trump Administration Clean Water Rule

On August 30, 2021, a federal court in Arizona struck down the Trump WOTUS rule, citing the serious errors in enacting the rule, as well as the serious environmental harm that it has caused....more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #4

Allen Matkins on

Clean Water Act covers some groundwater discharges, U.S. Supreme Court rules - The New York Times – April 23 - The U.S. Supreme Court on Thursday ruled in a 6-3 decision that federal Clean Water Act (CWA) jurisdiction...more

Burr & Forman

SCOTUS Will Decide Scope of Clean Water Act Jurisdiction

Burr & Forman on

On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

Ballard Spahr LLP

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water

Ballard Spahr LLP on

The final Waters of the United States rule, jointly proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers last spring, was signed on May 26, 2015, and aims to clarify the federal...more

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