A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination.
The PFAS Action Act of 2021 passed in the House and was received in...more
4/21/2022
/ Air Pollution ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Hazardous Waste ,
PFAS ,
RCRA ,
Reporting Requirements ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Utilities Sector
Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification...more
In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a discharge of pollutants from a point source to groundwater is subject to...more
5/27/2020
/ 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 ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
In a landmark ruling, the United States Supreme Court has held that, under section 301 of the federal Clean Water Act (CWA), a discharge of pollutants from a point source to groundwater is subject to regulation under the CWA,...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more
6/26/2018
/ Appeals ,
Citizen Suits ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Violations ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
NPDES ,
Pipelines ,
Reversal ,
Standard of Review
Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more
4/17/2018
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Dismissals ,
Environmental Liability ,
Groundwater ,
NPDES ,
Oil Spills ,
Permits ,
Pipelines ,
Remand ,
Reversal
A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more
2/17/2018
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Permits ,
Repeal ,
Wastewater ,
Waters of the United States
On May 31, 2016, the U.S. Supreme Court issued an eagerly anticipated decision that will benefit landowners and developers by authorizing immediate judicial review of Approved Jurisdictional Determinations (JDs) issued by the...more
6/2/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Due Process ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers...more
12/18/2015
/ Administrative Appeals ,
Administrative Procedure Act ,
Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land-Use Permits ,
SCOTUS ,
Urban Planning & Development ,
US Army Corps of Engineers ,
Wetlands