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Environmental Protection Agency (EPA) Waters of the United States Groundwater

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

Verrill on

As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more

Allen Matkins

California Environmental Law & Policy Update 6.21.24

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In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Mintz

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Mintz on

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

Allen Matkins

California Environmental Law & Policy Update 9.01.23

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (“Corps”) on Tuesday released a new rule that reduces the number of federally protected waters by more than half following a Supreme Court...more

Verrill

No Water, No Beer

Verrill on

The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water...more

Brownstein Hyatt Farber Schreck

A New Frontier in Class VI Carbon Storage Permitting on the Horizon

A promising long-term carbon storage solution could become more viable as the federal government and several states look to speed up the Class VI injection well permitting process. The Safe Drinking Water Act requires the...more

Mintz

EPA's Science Advisory Board says EPA's definition of Waters of the United States is supported by science but will that matter to...

Mintz on

A little over a month ago EPA's Science Advisory Board decided "EPA could benefit from SAB review of the science supporting [EPA's] proposed definition of Waters of the United States.” As many of you know, EPA's proposal is...more

Foley Hoag LLP - Environmental Law

EPA Proposes to Use Science to Identify Waters of the United States. I’m Shocked, Shocked.

Last week, EPA and the Army Corps proposed a new rule to define what constitutes “waters of the United States.” Déjà vu all over again. Under the proposal, the agencies: are exercising their discretionary authority to...more

Allen Matkins

California Environmental Law & Policy Update - November 2021 #3

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Biden administration acts to restore clean-water safeguards - Associated Press – November 18 - The Biden administration took action this Thursday to restore federal protections for hundreds of thousands of small streams,...more

Williams Mullen

Environmental Notes - October 2021

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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Stinson LLP

How Can We Chart a Course on Navigable Waters?

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Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more

Allen Matkins

California Environmental Law & Policy Update - September 2021

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Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more

Foley Hoag LLP - Environmental Law

Maui Needs a NPDES Permit; What’s Next for WOTUS?

Last week, District Judge Susan Mollway ruled that the County of Maui must obtain a NPDES permit for discharges to groundwater by the Lahaina Wastewater Reclamation Facility. It is the first trial court decision applying the...more

Brownstein Hyatt Farber Schreck

EPA to Modify the Navigable Waters Protection Rule

Proposed regulatory changes will increase the extent of lands throughout the country that will be designated, and regulated, as wetlands. On June 9, 2021, the Department of the Army and the Environmental Protection Agency...more

Stoel Rives - Environmental Law Blog

State Water Board Now Receiving Public Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General...

The State Water Resources Control Board (“Water Board”) is now receiving public comments on its proposed reissuance of the statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General...more

Brownstein Hyatt Farber Schreck

Bridging Intention and Outcomes

Panel discussion takeaways on the intersection of environmental justice, groundwater management and how to better include diverse stakeholders in natural resource issues. On March 24, 2021, the Groundwater Resources...more

Williams Mullen

EPA Issues Clean Water Act Guidance Regarding Discharges to Groundwater

Williams Mullen on

Section 402 of the Clean Water Act (CWA) prohibits the discharge of any pollutant from any point source to navigable waters (“Waters of the United States” or “WOTUS”) unless authorized by a permit (Section 402 NPDES Permits)....more

Ward and Smith, P.A.

WOTUS Encore: The Fate of the Navigable Waters Protection Rule and Implications for Groundwater

Ward and Smith, P.A. on

It seems like yesterday, but it was actually last summer when the United States Environmental Protection Agency and Army Corps of Engineers published the Navigable Waters Protection Rule, effective June 22, 2020 (the "Rule")....more

K&L Gates LLP

Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

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On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more

Stoel Rives LLP

EPA Wades into Murky Groundwater Debate – Accepting Comments through January 12

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On December 4, 2020, the Environmental Protection Agency (“EPA”) issued a draft guidance memo to help explain when the National Pollutant Discharge Elimination (“NPDES”) Program requires permits for discharges of polluted...more

Wiley Rein LLP

EPA’s Recent Clean Water Act Guidance to Implement the Supreme Court’s Maui Decision

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On April 23, 2020, the Supreme Court of the United States issued a groundbreaking ruling in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), holding that a National Pollutant Discharge Elimination System...more

Morgan Lewis

EPA Narrowly Defines Discharges into Groundwater that Are Subject to Clean Water Act Permitting

Morgan Lewis on

Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more

Holland & Hart LLP

EPA Draft Guidance on County of Maui, Hawaii v. Hawaii Wildlife Decision

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Today, the Environmental Protection Agency (“EPA”) published notice of draft guidance (the “Draft Guidance”) intended to assist regulated entities and permitting authorities in applying the United States Supreme Court’s...more

Bracewell LLP

EPA Draft Guidance Memorandum on the Application of County of Maui

Bracewell LLP on

On December 8, 2020, the U.S. Environmental Protection Agency (“EPA”) released a draft guidance memorandum (“Draft Guidance”) to provide guidance to the regulated community and permitting authorities, including the EPA, on...more

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