Yesterday a split three-judge panel of the Ninth Circuit Court of Appeals determined that a clay manufacturer is entitled to a new trial of Federal Clean Water Act claims against it because the District Court had instructed...more
Friday, a Federal District Court Judge in California joined most other Federal District Court Judges in concluding that EPA's Clean Water Act regulations should not be vacated while EPA considers how it might revise them. ...more
EPA's post-Maui statement on the reach of the Federal Clean Water Act has joined other regulations and guidance applying the Clean Water Act from the Obama and Trump Administrations on the ash heap of history.
It is...more
Late yesterday, Federal Judge Susan Oki Mollway, of the District of Hawaii, ruled that the County of Maui needs a Federal Clean Water Act NPDES permit for its groundwater discharge of treated water from its waste water...more
In April of 2020, Justice Breyer, delivering the Supreme Court's opinion in Maui v. Hawaii Wildlife Fund, told us that "the traditional common-law method, making decisions that provide examples that in turn lead to ever more...more
The United States Supreme Court’s April 23 decision in County of Maui v. Hawai’i Wildlife Fund (https://www.supremecourt.gov/opinions/19pdf/18-260_i4dk.pdf) proves that legislating is best done by the Congress, not the...more
4/24/2020
/ 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 ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States