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Groundwater Discharges

8 published works

  1. Environmental and Land Use Law

    Supreme Court Creates New “Functional Equivalent” Test For Groundwater Discharges

    By Anderson & Kreiger

    Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui…

  2. Stoel Rives Environmental Law

    Supreme Court Holds Clean Water Act Permit Required for Some Discharges to Groundwater

    By Mike Mills, Michael Campbell

    Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge…

  3. California Land Use & Development Law Report

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

    By Perkins Coie

    Does the Clean Water Act apply when an underground discharge mixes with groundwater and then ultimately reaches a river or a bay? In a 6-3 opinion written by Justice Stephen…

  4. Agricultural Law and Taxation Blog

    Groundwater Discharges of Pollutants and the Supreme Court

    By Roger McEowen

    OverviewIn Tuesday’s post, https://lawprofessors.typepad.com/agriculturallaw/2019/11/does-a-pollutant-discharge-from-groundwater-into-a-wotus-require-a-federal-permit.html, I discussed the three U.S. Circuit Court of Appeal decisions from 2018 involving groundwater discharges of pollutants and the Clean Water Act (CWA).  The courts reached…

  5. frESH

    US Supreme Court Schedules Oral Argument Regarding Clean Water Act Liability for Indirect Groundwater Discharges

    By Squire Patton Boggs

    Earlier this month, the US Supreme Court scheduled oral argument for November 6th in its review of the Ninth Circuit’s decision in County of Maui v. Hawai‘i Wildlife Fund, et…

  6. E2 Law Blog

    Contradicting the Department of Justice, EPA Changes Stance on Groundwater Discharges

    By Candace Headen Uduebor, Bernadette M. Rappold

    Contradicting the argument raised by the United States in a recent amicus brief in the U.S. Court of Appeals for the Ninth Circuit, the EPA finalized new guidance on April…

  7. Environmental Law

    Clean Water Act Jurisdiction Expansion? Supreme Court Takes Up Circuit Court Debate Over Groundwater Discharges to Navigable Waters

    By Heather Demirjian

    The United States Supreme Court agreed today to consider the issue of whether a Federal Clean Water Act (“CWA”) permit is required for discharges of pollutants from point sources that…

  8. Environmental Law Blog

    Will the Clean Water Act Drive the Remediation of Groundwater Discharges?

    By David J. Mairo

    Can groundwater discharges violate the Clean Water Act and require NPDES permits?  Two federal court cases coming out of the 4th and 9th Circuits dealing with the applicability of the…