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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…

Andrew C. Silton, Richard S. Davis.

Discharges and Hydrologic Connection to Groundwater: EPA Seeking Comment as Courts Weigh In

USA - February 27 2018 If the first two months of 2018 are any indication, events to play out over the rest of the year will have a major impact on what constitutes a…

Andrew C. Silton, Karen M. Hansen, Michael F. Vitris.

Environmental Groups Score First Victory to Expand Regulation of Stormwater Under the NPDES Program

USA - August 17 2018 Last week, the U.S. District Court for the Central District of California gave environmental groups a significant win in their bid to force EPA to…

Andrew C. Silton, Richard S. Davis.

“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.

Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA

USA - April 13 2018 On April 12, the Fourth Circuit became the second Federal Court of Appeals this year to hold that a point source need not directly introduce…

Andrew C. Silton, Karen M. Hansen, Richard S. Davis.