Clean Water Act, Navigable Waters, Hawaii Wildlife Fund v County of Maui

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

Mintz on 5/13/2024

Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

Pillsbury Winthrop Shaw Pittman LLP on 2/26/2024

Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/29/2023

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow.

Mintz on 8/30/2023

Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more

Clean Water Act Coverage – Another Revised WOTUS Rule

Schwabe, Williamson & Wyatt PC on 1/31/2023

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...more

Mining Industry on the Losing End of Two Clean Water Act Cases

Snell & Wilmer on 11/22/2022

Stone v. High Mountain Mining Company, LLC, was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit. High Mountain’s...more

The Continuing WOTUS Saga

Burr & Forman on 12/9/2021

On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

How Can We Chart a Course on Navigable Waters?

Stinson LLP on 9/30/2021

Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Environmental Protection Agency Rescinds Maui...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/20/2021

The United States Environmental Protection Agency (“EPA”) rescinded a guidance document it had previously issued titled: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act...more

EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits

Best Best & Krieger LLP on 9/20/2021

Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund - The U.S. Environmental Protection Agency has rescinded January 2020 guidance on...more

Oh, Congress Forgot The Science

(ACOEL) | American College of Environmental... on 7/30/2021

In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more

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

Schwabe, Williamson & Wyatt PC on 2/3/2021

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

Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

K&L Gates LLP on 2/2/2021

On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

Bracewell LLP on 1/25/2021

Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

EPA’s Recent Clean Water Act Guidance to Implement the Supreme Court’s Maui Decision

Wiley Rein LLP on 12/17/2020

On April 23, 2020, the Supreme Court of the United States issued a groundbreaking ruling in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), holding that a National Pollutant Discharge Elimination System...more

EPA Publishes Draft Guidance on Applying Supreme Court's Decision in County of Maui v. Hawaii Wildlife Fund

WilmerHale on 12/17/2020

The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more

EPA Narrowly Defines Discharges into Groundwater that Are Subject to Clean Water Act Permitting

Morgan Lewis on 12/15/2020

Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more

EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund

Best Best & Krieger LLP on 12/11/2020

Clarity Provided for New “Functional Equivalent” Test - Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more

US EPA issues draft guidance regarding NPDES permitting requirements following Maui Supreme Court decision

Bricker Graydon LLP on 12/10/2020

On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more

EPA Seeks to Clarify Application of Maui and “Functional Equivalent” Test

Troutman Pepper on 12/10/2020

On December 12, the United States Environmental Protection Agency (EPA or the Agency) issued draft guidance to clarify the application of the “functional equivalent” test created by the United States Supreme Court in County...more

Does a Discharge to Groundwater Require an NPDES Permit?: Jamie Ewing/Allan Gates/Jordan Wimpy Arkansas Environmental Federation...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/4/2020

Jamie Ewing (Environmental Assessment Director, Little Rock Water Reclamation Authority), Allan Gates and Jordan Wimpy (Mitchell Williams Law Firm) undertook an Arkansas Environmental Federation webinar presentation on May...more

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