Daniel Fanning

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After two years assisting and regulating various industries, Daniel applies his prior experience as a wastewater pretreatment coordinator to assisting clients with environmental issues. Daniel enjoys working with various entities to help them understand how to comply with environmental regulations and statutes. In addition, he represents clients in court or in front of various agencies when necessary. In particular, Daniel has experience with permitting, reporting, inspecting and working with the Environmental Protection Agency (EPA).

Latest Articles

As discussed in prior blog posts, the Federal Circuits became split (Part 1) in 2018 on whether the Clean Water Act (“CWA” or the “Act”) regulates discharges of pollutants from point sources that reach navigable waters through nonpoint sources, such as groundwater. Recently, the U.S. Supreme Court granted certiorari in one of those Circuit decisions (Part 2), and the case is still in front of the Supreme Court. While U.S. EPA…
The Trump Administration, through the EPA and Corps, announced its new regulatory definition for WOTUS on December 11, 2018. Shortly after the government shutdown ended earlier this year, the proposed rule appeared in the February 14, 2019, Federal Register and EPA held a public hearing in Kansas City, Kansas, on February 27th and 28th. Much like the CWR, the new rule is said to be intended to clarify the limits of the CWA’s authority. Unlike the…
The Trump Administration, through the EPA and Corps, announced its new regulatory definition for WOTUS on December 11, 2018. Shortly after the government shutdown ended earlier this year, the proposed rule appeared in the February 14, 2019, Federal Register and EPA held a public hearing in Kansas City, Kansas, on February 27th and 28th. Much like the CWR, the new rule is said to be intended to clarify the limits of the CWA’s authority. Unlike the…
The EPA has taken the position that long term exposure to these chemicals may result in birth defects, cancer, liver effects, immune effects, thyroid effects, and other health issues. Long chain PFAS don’t readily degrade, and thus build up in the environment and persist in the human body itself. Low levels of these chemicals have been found in drinking water and soil and, in one study, in the blood of almost every subject tested. Read…
Per- and polyfluoroalkyl substances (“PFAS”) are synthetic chemicals used in a number of industrial processes and in the manufacturing of certain consumer goods because of their fire resistance and because they repel oil, stains, grease, and water. There are approximately 3,500 different compounds under the umbrella of PFAS. Some of these were used in firefighting foam, which in some places, including near airports, were spread over the ground to prevent forest fires. The most well-known…
Previously, we reported the Federal Circuit split (Part 1) regarding indirect discharges to navigable waters through groundwater and the Supreme Court’s grant of certiorari in one of those cases (Part 2), which will hopefully settle whether the Clean Water Act (“CWA” or the “Act”) governs an indirect discharge to navigable waters. Whether the CWA applies to particular surface waters remains a hot topic almost 50 years since the modern-day CWA was…
Rock Products magazine recently published an article by Daniel Fanning discussing a proposed rule revising the definition of “waters of the United States” and its potential effects. The rule is intended “to increase CWA program predictability and consistency.” Will this change impact your operations?…
On February 19, 2019, the Supreme Court agreed to hear arguments regarding “Whether the CWA [Clean Water Act] requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater” following a circuit split between the Fourth, Sixth, and Ninth Federal Circuit Court of Appeals. Read more about this case history and the legal arguments on the Emerging Energy Insights blog: https://www.emergingenergyinsights.com/2019/02/cwa-series-scotus-grant-cert-discharge-question/…
In Part 1 of our Clean Water Act (CWA) Series, we reported on the circuit split between the Fourth, Sixth, and Ninth Federal Circuit Court of Appeals regarding whether indirect discharges to Waters of the United States (WOTUS) through groundwater required a CWA permit. On February 19, 2019, the Supreme Court agreed to hear arguments regarding “Whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint…
Under the CWA, the discharge of pollutants, meaning the “addition of any pollutant to navigable waters from any point source,” without a permit is prohibited. Previously, we reported on the circuit split (Part 1) between the Fourth, Sixth, and Ninth Federal Circuit Court of Appeals regarding whether indirect discharges to WOTUS through groundwater required a CWA permit.…