News & Analysis as of

Water Pollution Discharge of Pollutants Waters of the United States

Mitchell, Williams, Selig, Gates & Woodyard,...

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

Husch Blackwell LLP

EPA Publishes Final Rule Revising Definition of “Waters of the United States”

Husch Blackwell LLP on

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)....more

Perkins Coie

Conviction for Violation of Clean Water Act Required Knowing Discharge “Into Water”

Perkins Coie on

The Ninth Circuit reversed a conviction for three counts of violations under the Clean Water Act because the district court failed to instruct the jury that the defendant needed to knowingly discharge material “into water” to...more

Stoel Rives LLP

EPA Wades into Murky Groundwater Debate – Accepting Comments through January 12

Stoel Rives LLP on

On December 4, 2020, the Environmental Protection Agency (“EPA”) issued a draft guidance memo to help explain when the National Pollutant Discharge Elimination (“NPDES”) Program requires permits for discharges of polluted...more

Snell & Wilmer

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

Snell & Wilmer on

Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s...more

Brooks Pierce

Clean Water Act Controversy

Brooks Pierce on

A point source by any other name. Federal Courts of Appeals have recently split on the question of whether pollution of surface water via groundwater is a violation of the Clean Water Act. The U.S. Supreme Court may weigh...more

Holland & Knight LLP

Senate Committee Holds Hearing on Clean Water Act

Holland & Knight LLP on

The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more

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