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EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

Supreme Court Establishes Permitting Standard for Discharges to Groundwater

On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more

Infrastructure Series: Paying for and Permitting Water Infrastructure

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

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