Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis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
12/15/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
In rejecting guidance from the US Environmental Protection Agency, the Supreme Court concluded that a discharge to groundwater that reaches navigable waters is subject to the permitting requirements of the Clean Water Act if...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The US Supreme Court declined to review an appeals court decision holding that the one-year clock for states to issue a certification under Section 401 of the Clean Water Act for a federal permit does not reset if...more
The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more
Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more
6/3/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Governor Brown and Legislature give the state’s Department of Toxic Substances Control more power to regulate hazardous substances.
On Friday, October 2, 2015, California Governor Edmund G. Brown Jr. signed into law a...more
10/12/2015
/ Civil Monetary Penalty ,
Cost Recovery ,
DTSC ,
Environmental Remediation Costs ,
Financial Statements ,
Governor Brown ,
Hazardous Substances ,
Hazardous Waste ,
Interest Rates ,
New Legislation ,
Permits ,
Potentially Responsible Party (PRP) ,
Public Health ,
Statute of Limitations