News & Analysis as of


How EPA's Proposed "Discharges of Pollutants" Rule Could Provide Clarity on Discharge Permits

by Faegre Baker Daniels on

Are pollutant discharges into groundwater that have a hydrologic connection to a water of the United States subject to Clean Water Act (CWA) regulation? For entities needing National Pollutant Discharge Elimination System...more

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Landfill/Clean Water Act: Conservation Law Foundation Citizen Suit Action Against Bethlehem, New Hampshire Facility

Toxics Action Center, Inc., and Conservation Law Foundation (collectively “CLF”) filed a citizen suit action in the United States District Court for the District of New Hampshire against Casella Waste Systems, Inc., and North...more

[Webinar] Groundwater Adjudications and Alternatives to Comprehensive Adjudication - June 7th, 1:00pm PT

by Nossaman LLP on

Join Nossaman attorneys on June 7th for a discussion of groundwater adjudications and litigation alternatives in the era of the Sustainable Groundwater Management Act (“SGMA”). This webinar, for CLE credit*, will explain...more

Energy Newsletter - May 2018

by King & Spalding on

Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses - The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more

Mississippi Federal Court Rejects RCRA Preemption

by Beveridge & Diamond PC on

Illustrating limits on Resource Conservation and Recovery Act (“RCRA”) preemption of state tort claims, a Mississippi federal court concluded that the state’s toxic tort claims were not preempted by federal law. ...more

No Actual ‘Case or Controversy’ in Chromium Drinking Water Contamination Case

by Beveridge & Diamond PC on

Shutting down a creative attempt to recoup costs from the federal government for groundwater contamination, the U.S. Court of Federal Claims dismissed a one-billion-dollar inverse condemnation claim for lack of subject matter...more

Second Circuit Affirms Dismissal of Water Contamination Action as Untimely

by Beveridge & Diamond PC on

In a decision addressing the unique accrual issues arising in a groundwater contamination action, the Second Circuit affirmed a decision dismissing the Bethpage Water District’s (the “District”) action as untimely. Bethpage...more

Fourth Circuit Weighs In On Scope of CWA

On April 12, a significant Clean Water Act (CWA) ruling has been made by the U.S. Court of Appeals for the Fourth Circuit. The Fourth Circuit, in a split decision, held, in a case of first impression in this circuit, that the...more

Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses

by King & Spalding on

The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the Clean Water Act (“CWA” or the “Act”) regulates discharges to groundwater that serves as a conduit between a point source and...more

Environmental Notes - May 2018

by Williams Mullen on

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Courts and EPA Continue to Debate Role of Groundwater in Clean Water Act Jurisdiction and NPDES Permitting

by Williams Mullen on

EPA recently announced that it is seeking comments on how to address one of the more vexing issues involving EPA’s jurisdiction under the Clean Water Act (“CWA”): whether discharged wastewater or stormwater that passes...more

Senate Committee Holds Hearing on Clean Water Act

by Holland & Knight LLP on

The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more

Fourth Circuit Expands Citizen Suits Under the Clean Water Act; Finds Potential Liability for Discharges Through Groundwater

by King & Spalding on

A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”): — The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more

Another Ruling that Discharges to Groundwater May Be Subject to the Clean Water Act

Last week, the 4th Circuit Court of Appeals – not the most liberal court in the land – joined the 9th Circuit in ruling that discharges from a point source to groundwater can be subject to the Clean Water Act. The decisions...more

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA

by Beveridge & Diamond PC on

On April 12, the Fourth Circuit became the second federal court of appeals this year to hold that a point source need not directly introduce pollutants into navigable waters in order for the Clean Water Act’s (CWA)...more

Nutrient Production Progress Tracker (Version 1.0): Association of Clean Water Administrators March 2018 Report

The Association of Clean Water Administrators (“ACWA”) released a document titled: Nutrient Reduction Progress Tracker – Version 1.0 – 2017 Report 2018 (“Tracker”) ...more

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

by Perkins Coie on

A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more

Dewatering During Construction and Post-Construction—Regulatory Paradigms and Options

Major construction projects, especially new office, residential and mixed-use buildings, often require dewatering to remove intercepted groundwater from subterranean areas. Intercepted water flows may continue even after...more

Infrastructure Series: Paying for and Permitting Water Infrastructure

by WilmerHale on

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

EPA Proposes Revisions to Rules for Disposal of Coal Combustion Residuals from Electric Utilities

by Beveridge & Diamond PC on

Today, EPA published a proposal to amend the regulations in 40 CFR Part 257, Subpart D, governing the disposal of coal combustion residuals (“CCR” or coal ash) in landfills and surface impoundments. The proposed rule is the...more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

California Water Rights Compliance Checklist for 2018

This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface or groundwater in California for calendar year 2018. If you have questions about the information...more

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