[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more
The City and County of San Francisco (collectively “San Francisco”) filed a January 13th pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for...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
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
United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued two documents dated October 16th addressing procedures involved in the resolution of litigation through consent decrees and settlement...more