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Cert Petitions May Mean Supreme Court Will Clarify Clean Water Act Jurisdiction
  • Sidley Austin LLP
  • USA
  • November 21 2018

The definition of waters of the United States is central to the CWA. At its core, the Act bans

In Circuit Split, the 6th Circ. Limits CWA’s Reach Over Pollutants That Travel Through Groundwater
  • Manko Gold Katcher & Fox
  • USA
  • October 5 2018

Last week, the Sixth Circuit Court of Appeals held in two separate cases that the Clean Water Act does not extend liability to pollution that reaches

Muddied Waters: Sixth Circuit Rejects Expansion of CWA Jurisdiction
  • Thompson Hine LLP
  • USA
  • October 4 2018

The Sixth Circuit Court of Appeals recently issued two important decisions holding that discharges of polluted groundwater to navigable waters (i.e

Pair of Clean Water Act Decisions Creates Circuit Split over Discharges to Groundwater
  • Beveridge & Diamond PC
  • 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

US Supreme Court rules wetland determinations appealable
  • Dentons
  • USA
  • June 2 2016

The Supreme Court recently held that a landowner may appeal a determination that its property contains waters that are regulated under the federal

US Supreme Court Rules Against the Corps and in Favor of Landowners With Respect to the Reviewability of Jurisdictional Determinations, Reserving for Another Day the Full Scope of Finality under the Administrative Procedure Act
  • Squire Patton Boggs
  • USA
  • June 1 2016

In one of the most closely watched environmental and administrative law cases this term, the US Supreme Court ruled unanimously against the

Ninth Circuit interprets CAFA exception narrowly, facilitating removal in environmental tort cases
  • Beveridge & Diamond PC
  • USA
  • August 4 2015

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called "local event"

Eighth Circuit creates circuit split by holding jurisdictional determinations under the Clean Water Act constitute "final agency actions" subject to judicial review
  • Nossaman LLP
  • USA
  • April 15 2015

On April 10, 2015, the United States Court of Appeals for the Eighth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S

Coal and transportation companies challenge Ninth Circuit decision limiting CWA permit shield defense
  • Beveridge & Diamond PC
  • USA
  • March 17 2015

On March 3, 2015, Aurora Energy Services, LLC and the Alaska Railroad Corp. filed a petition for writ of certiorari asking the United States Supreme

SCOTUS asked to resolve Daubert circuit split
  • Weil Gotshal & Manges LLP
  • USA
  • November 13 2014

We'd like to call your attention to a recent development in expert issues. In September, SQM North America Corporation (SQMNA) petitioned SCOTUS to