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Supreme Court Ends Debate Over the Reach of Clean Water Act Permitting

Apropos of the ongoing celebrations for the 50th anniversary of Earth Day, the U.S. Supreme Court today released its opinion in the Clean Water Act case of County of Maui v. Hawaii Wildlife Fund, et al.  Justice Breyer...more

EPA Speaks On Groundwater Permitting Issue

On April 15, 2019, the U.S. Environmental Protection Agency (“EPA”) released a much-anticipated Interpretative Statement on Releases of Pollutants from Point Sources to Groundwater. ...more

SCOTUS Will Decide Scope of Clean Water Act Jurisdiction

On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water...more

Solicitor General Urges SCOTUS to Resolve Groundwater Circuit Split

On January 3, 2019, the U.S. Solicitor General filed a brief urging the Supreme Court to grant certiorari in County of Maui v. Hawaii Wildlife Fund to decide the question of whether a “discharge of a pollutant…occurs when a...more

SCOTUS Seeks Views of Solicitor General in Groundwater Cases

On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act....more

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