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Groundwater Connection to Navigable Waters Sufficient for CWA Violation
  • Manko Gold Katcher & Fox
  • USA
  • April 17 2018

Last Thursday, the Fourth Circuit Court of Appeals held that environmental groups could bring a citizen suit under the Clean Water Act (“CWA”) against


CWA Regulation of Groundwater: Circuit Split or U.S. EPA Rulemaking?
  • Jenner & Block LLP
  • USA
  • April 17 2018

Recent decisions from the Fourth and Ninth Circuitsfinding that the Clean Water Act (“CWA”) could regulate discharges into groundwater that


Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA
  • Beveridge & Diamond PC
  • 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


Taking it Underground: The Expanding Scope of Clean Water Act Liability for Groundwater Discharges
  • Frost Brown Todd LLC
  • USA
  • April 13 2018

On April 12, 2018, the Fourth Circuit became the latest appellate court to weigh in on a significant and rapidly evolving legal issue affecting


Expansion of the "Waters of the U.S." Rule Delayed; Replacement Rule in the Works
  • Womble Bond Dickinson (US) LLP
  • USA
  • April 11 2018

On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide


Energy and other project developers take note: Clean Water Act's reach still uncertain following multiple developments in Q1 2018
  • DLA Piper
  • USA
  • April 10 2018

Events in the first quarter of 2018 demonstrate that the breadth of the federal Clean Water Act (CWA), including the meaning of "waters of the United


Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • April 10 2018

On April 9, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, rejected the challenges to the U.S. Army Corps of Engineers’


Water, Water, Everywhere
  • Beveridge & Diamond PC
  • USA
  • March 29 2018

If it isn’t already, water should be on your mind this year. The excitement of Scituate storm surge and coastal flooding aside, the region - and the U


EPA and Courts Take Another Look at Permit Requirements For Contaminated Groundwater Discharges into Waters of the United States
  • Daley Mohan Groble PC
  • USA
  • March 28 2018

With the recent Ninth Circuit opinion, Hawai'i Wildlife Fund v. Cty. of Maui, 881 F.3d 754 (9th Cir. 2018), holding that a NPDES permit is required


FERC Finds West Virginia Waived CWA Section 401 Permit Authority for Hydropower Projects
  • Troutman Sanders LLP
  • USA
  • March 27 2018

On March 15, 2018, FERC denied the West Virginia Department of Environmental Protection’s (“West Virginia DEP”) and the West Virginia Division of