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Cranfill Sumner LLP

Fourth Circuit Limits Reach of Federal Regulation Under the “Major Questions” Doctrine as it Relieves Shrimp Trawlers from Clean...

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The Clean Water Act (“CWA”) regulates the discharge of certain “pollutants” into waters of the United States (“WOTUS”).  Should shrimp trawlers be subject to the regulatory framework under the CWA when they return “bycatch”...more

Allen Matkins

The Still Murky Permitting Requirements Under the Clean Water Act after County of Maui Spawn Highly Fact-Intensive Inquiries

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In last year’s Land Use, Environmental & Natural Resources Update 2021 Update, we reported on the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund (County of Maui), 590 U.S. __; 140 S. Ct. 2778 (2020),...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

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

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The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Mintz

The End of the Road in Maui?

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Late yesterday, Federal Judge Susan Oki Mollway, of the District of Hawaii, ruled that the County of Maui needs a Federal Clean Water Act NPDES permit for its groundwater discharge of treated water from its waste water...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

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

WilmerHale

EPA Publishes Draft Guidance on Applying Supreme Court's Decision in County of Maui v. Hawaii Wildlife Fund

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The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...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

Beveridge & Diamond PC

EPA’s CWA Groundwater Guidance Says Little, Will Likely Be Rescinded

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EPA’s recent draft guidance memorandum on applying the Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund, 140 S. Ct. 1462 (2020), provides little clarity for determining when a release to groundwater is the...more

Maynard Nexsen

EPA Drafts Guidance on County of Maui’s “Functional Equivalent” Test

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On Tuesday, December 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a Draft Guidance Memorandum attempting to place the recent Supreme Court decision in County of Maui v. Hawaii Wildlife Fund “into context...more

Best Best & Krieger LLP

EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund

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Clarity Provided for New “Functional Equivalent” Test - Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more

Bricker Graydon LLP

US EPA issues draft guidance regarding NPDES permitting requirements following Maui Supreme Court decision

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On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more

Troutman Pepper

EPA Seeks to Clarify Application of Maui and “Functional Equivalent” Test

Troutman Pepper on

On December 12, the United States Environmental Protection Agency (EPA or the Agency) issued draft guidance to clarify the application of the “functional equivalent” test created by the United States Supreme Court in County...more

Farella Braun + Martel LLP

Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting

In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a discharge of pollutants from a point source to groundwater is subject to...more

Baker Donelson

The U.S. Supreme Court Broadens EPA's Regulatory Authority to Include Groundwater Discharges

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On April 23, 2020, the United States Supreme Court clarified and expanded when a person is obligated to obtain a discharge permit under the federal Clean Water Act (Act)....more

Williams Mullen

Supreme Court Holds that NPDES Permit Can be Required for Discharges to Groundwater that Reach...

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As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more

BakerHostetler

Hardly Ever? Permitting of Indirect Discharges Under the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund

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The Supreme Court’s most recent voyage into Clean Water Act (CWA) jurisprudence came in County of Maui, Hawaii v. Hawaii Wildlife Fund, 590 U. S. ____ (2020) (Slip Op.), which concerned whether CWA permits are required in...more

Jones Day

Supreme Court Rules Some Discharges to Groundwater Require Clean Water Act Permits

Jones Day on

The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit. The Result: Some discharges to...more

(ACOEL) | American College of Environmental...

SCOTUS Has Spoken: Kinda Sorta Direct Discharges Need A Permit

On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean...more

Hogan Lovells

New SCOTUS test for NPDES permitting under the CWA: County of Maui, Hawaii v. Hawaii Wildlife Fund et al.

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On 23 April 2020 the Supreme Court, in a 6-3 opinion written by Justice Stephen Breyer, waded carefully into the very-muddied waters of Clean Water Act (CWA) jurisprudence when it issued a new test to determine when the...more

Burr & Forman

GOOD GRAVY: WHAT A MESS County of Maui v. Hawaii Wildlife Fund

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Justice Breyer used the above folksy culinary analogy in County of Maui v. Hawaii Wildlife Fund, decided April 23, 2020, to explain why a NPDES permit could be required for the discharge of wastewater to groundwater and then...more

Sullivan & Worcester

Supreme Court Sets Test for Assessing NPDES Permit Requirement for Indirect Discharges of Pollutants Through Groundwater to...

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In a busy week for environmental decisions, the Supreme Court of the United States ruled on April 23, 2020 on its second major case, County of Maui v. Hawai’i Wildlife Fund, finding a middle ground in its 6-3 decision on...more

Perkins Coie

Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable Waters

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Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more

Nossaman LLP

Middle Ground, or Muddy Waters? SCOTUS Issues Vague Rule in Clean Water Act Decision

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Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more

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