News & Analysis as of

Waters of the United States Navigable Waters NPDES

Pillsbury Winthrop Shaw Pittman LLP

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

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

(ACOEL) | American College of Environmental...

Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

The first Monday in October is just around the corner, and the first oral argument on the Supreme Court’s agenda is Sackett v. EPA. The Supreme Court is stepping once more into Clean Water Act “waters of the United States,”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Sackett v. US. Environmental Protection Agency: National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and Waterkeeper Alliance (“Waterkeeper”) each filed Amicus Briefs in the Supreme Court of the United States appeal styled: Michael Sackett, et ux. v. U.S....more

(ACOEL) | American College of Environmental...

WOTUS: What to Watch For in 2022

In 2022, the on-going debate will continue over the hotly contested definition of “waters of the United States” (WOTUS), a phrase that determines the scope of federal jurisdiction over streams, wetlands and other waterbodies...more

Pillsbury - Gravel2Gavel Construction & Real...

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

Troutman Pepper

Biden Administration Presses Forward With Revised WOTUS Rule

Troutman Pepper on

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States”...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Proposed Rule

The United States Environmental Protection Agency and the United States Corps of Engineers (collectively “EPA”) announced on November 19th a revised definition of waters of the United States (“WOTUS”). The agencies are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Announces Intent to Revise...

The United States Environmental Protection Agency and Department of the Army (collectively “EPA”) announced in a June 9th news release their intent to revise the Clean Water Act definition of waters of the United States...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

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require an NPDES Permit?: Jamie Ewing/Allan Gates/Jordan Wimpy Arkansas Environmental Federation...

Jamie Ewing (Environmental Assessment Director, Little Rock Water Reclamation Authority), Allan Gates and Jordan Wimpy (Mitchell Williams Law Firm) undertook an Arkansas Environmental Federation webinar presentation on May...more

Ward and Smith, P.A.

Replacing the Clean Water Rule – Is the Dance Really Over?

Ward and Smith, P.A. on

On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by...more

Williams Mullen

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

Williams Mullen on

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

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.

Hogan Lovells on

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

Sullivan & Worcester

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

Sullivan & Worcester on

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

Perkins Coie on

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

McGlinchey Stafford

The Maui “Functional Equivalent” Point Source Test

McGlinchey Stafford on

On April 23, 2020, the United States Supreme Court issued its opinion in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ____ (2020), holding that, when pollutants originate from a point source, but are conveyed to...more

White & Case LLP

Supreme Court Rules that Clean Water Act Covers Groundwater Discharges

White & Case LLP on

The Supreme Court ruled on April 23, 2020 that federal law can require a permit for pollutant discharges that travel through groundwater to surface water. The Court’s ruling establishes a new standard by which a Clean Water...more

Nutter McClennen & Fish LLP

U.S. Supreme Court Addresses Permit Requirements for Groundwater Discharges Under the Clean Water Act

Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more

WilmerHale

Supreme Court Establishes Permitting Standard for Discharges to Groundwater

WilmerHale on

On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more

Seyfarth Shaw LLP

Murky Water Ahead: SCOTUS Rules Contaminant Discharges to Groundwater “May” or “May Not” Require NPDES Permit

Seyfarth Shaw LLP on

Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then...more

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