Kathy Robb left SPR to assume the position of CEO of Blue Access LLC, a company promoting water security and quality through water-related investments.
Supreme Court Hears Oral Argument in Maui Injection Wells Case
The federal Clean Water Act (CWA or Act) requires a permit for “any addition of any pollutant to navigable waters from any point source.” 33 U.S.C. 1362 (12) (A). On November 6, 2019, the US Supreme Court (Supreme Court) heard oral argument in County of Maui v. Hawai’i Wildlife Fund, ...
Clean Water Act Update: EPA Repeals WOTUS Rule in Favor of Pre-2015 Rule
On September 12, 2019, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (the “Corps”) (together, the “Agencies”) announced a final rule (the “Repeal Rule”) rescinding the 2015 Clean Water Rule (the “2015 Rule”) that defined “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). This Repeal ...
EPA Proposes Updates to Clean Water Act’s Water Quality Certification Requirements
On August 8, 2019, the United States Environmental Protection Agency (“EPA”) published a set of proposed amendments (the “Proposed Rule”) to the regulations governing the issuance of Water Quality Certifications by states pursuant to Section 401 (“Section 401 Water Quality Certification”) of the Clean Water Act (“CWA”). Under the Section 401 Water Quality Certification process, ...
Sixth Circuit rules in two cases that discharges to groundwater from coal ash ponds do not require a Clean Water Act Permit
The Sixth Circuit’s recent decisions in Kentucky Waterways Alliance et al v. Kentucky Utilities Co., (“Kentucky Utilities”) No. 18-5115 (6th Cir. Sept. 24, 2018), and Tennessee Clean Water Network v. Tennessee Valley Authority (“TVA”) No. 17-6155 (6th Cir. Sept. 24, 2018), have further widened an existing circuit split regarding ...
Are Indirect Discharges from Groundwater to “Waters of the United States” Regulated Under the Clean Water Act? Hawai’i Wildlife Fund v. County of Maui
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WOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule
On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed ...