[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Marvell, Arkansas (“Marvel”) entered into a December 31st Consent Administrative Order (“CAO”) to address alleged...more
On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements. EPA did a good job marshalling its arguments – much better than this...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Concord Water and Sewer Public Facilities (“Concord”) entered into a December 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Carthage, Arkansas (“Carthage”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more
The Arkansas Department of Environmental Quality (“ADEQ”) and MAPCO Express, Inc., (“MEI”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged Clean Water Act National Pollution Discharge...more
The Arkansas Department of Environmental Quality (“ADEQ”) and City of Oak Grove Heights, Arkansas (“City”) entered into an April 5th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more
Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more
The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more
On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Lonoke County Property Owners’ Multipurpose Improvement District No. 12 Mount Lake II Phase III Wastewater Treatment Plant (“District”) entered into a February...more
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