Topic
Groundwater Discharges
8 published works
Environmental and Land Use Law
Supreme Court Creates New “Functional Equivalent” Test For Groundwater Discharges
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…
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…
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…
Agricultural Law and Taxation Blog
Groundwater Discharges of Pollutants and the Supreme Court
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…
frESH
US Supreme Court Schedules Oral Argument Regarding Clean Water Act Liability for Indirect Groundwater Discharges
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…
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…
Environmental Law
Clean Water Act Jurisdiction Expansion? Supreme Court Takes Up Circuit Court Debate Over Groundwater Discharges to Navigable Waters
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…
Environmental Law Blog
Will the Clean Water Act Drive the Remediation of Groundwater Discharges?
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…