[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more
November was an eventful month for the Clean Water Act (CWA). The Ninth Circuit Court of Appeals issued two decisions last month—which will apply to cases and matters in California and other states within the Ninth...more
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
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more
The United States District Court for the Southern District of Illinois (“Court”) addressed issues arising in a Clean Water Act (“CWA”) enforcement action in which the United States is alleging discharges of pollutants into...more
On June 9, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively the Agencies) announced their intent to initiate a regulatory rulemaking to roll back the Trump...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more
Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more
Can the law that protects the quality of the nation's waters seep into groundwater below the surface? According to the United States Court of Appeals for the Fourth Circuit, which includes North Carolina in its...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more
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