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Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision

Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v....more

County of Maui v. Hawaii Wildlife Fund: Groundwater Discharges May Require Permit Under Clean Water Act

On April 23, the United States Supreme Court held that discharges to groundwater may require a permit under the Clean Water Act if they are the “functional equivalent” of discharges directly to navigable waters. This ruling...more

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