[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
November 26, 2019, Judge William Young ruled that discharges to groundwater are not subject to Clean Water Act jurisdiction, even if they ultimately reach surface waters that are unambiguously waters of the United States. He...more
After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more
The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more
I under took a presentation at the April 18th Arkansas Environmental Federation Water Conference (“Conference”) titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”) The Presentation focused...more
The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act ("CWA") impose liability on activities that discharge pollutants through groundwater that ultimately reach surface...more
Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s...more
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
The National Association of Clean Water Agencies (“NACWA”) joined a number of organizations in filing an Amicus Brief on September 8th with the United States Court of Appeals for the Fourth Circuit in the case styled Upstate...more