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Supreme Court to Decide Whether “Indirect” Discharges Require NPDES Permits

USA - February 19 2019 The U.S. Supreme Court has granted certiorari on a critical question affecting the scope of the Clean Water Act (CWA): whether releases of pollutants...

Richard S. Davis, Andrew C. Silton, Brooklyn N. Hildebrandt.

Justices Request the Government’s Views on CWA Discharge Cases

USA - December 5 2018 On December 3, 2018, the U.S. Supreme Court requested the federal government’s views on two petitions for certiorari asking the Court to decide...

W. Parker Moore, Richard S. Davis, Andrew C. Silton, Karen M. Hansen.

“WOTUS”: A Tale of Two Rules While Litigation and Rulemaking Continue

USA - September 26 2018 On August 16, 2018, the U.S. District Court for the District of South Carolina issued a nationwide injunction on a Trump administration rule that has...

Kate A. Tipple, Lucy K. Infeld.

Pair of Clean Water Act Decisions Creates Circuit Split over Discharges to Groundwater

USA - September 25 2018 On Monday, divided panels of the U.S. Court of Appeals for the Sixth Circuit issued a pair of decisions holding that Clean Water Act (“CWA”) Section...

Richard S. Davis, Andrew C. Silton.

Cert Petition Seeks Supreme Court Review of Ninth Circuit’s Expansion of the CWA’s NPDES Program

USA - September 5 2018 On February 1, 2018, the Ninth Circuit issued a decision in Hawai’i Wildlife Fund, 886 F.3d 737 (9th Circ. 2018), that has the potential to greatly...

W. Parker Moore, Richard S. Davis, Andrew C. Silton.