Contradicting the argument raised by the United States in a recent amicus brief in the U.S. Court of Appeals for the Ninth Circuit, the EPA finalized new guidance on April
Continue Reading Contradicting the Department of Justice, EPA Changes Stance on Groundwater Discharges
Clean Water Act
In Honor of World Water Day…
March 22 is World Water Day! In honor of this day, here is a roundup of GT’s recent water-related insights:
EPA’s New WOTUS Rule
On Dec. 11, 2018, EPA and the U.S. Army Corps of Engineers (the Agencies) released a proposal to revise the regulatory definition of “waters of the United States” (WOTUS), as…
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Recent Opinions Hold Differing Views on Point Source Discharges Into Waters
Kathleen Kline authored an article in The Legal Intelligencer titled “Recent Opinions Hold Differing Views on Point Source Discharges Into Waters.”
The article explores two recent opinions from the U.S.
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Environmentalists Score Clean Water Act Victory Which May Affect Permitting Status
While litigants and the U.S. Environmental Protection Agency (EPA) continue to debate the fate of the agency’s 2015 rule defining jurisdictional waters under the Clean Water Act (Act), environmentalists have…
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The EPA’s Call for Identification of Rules to be Changed Results in a Majority of Comments in Support of EPA Regulation
We write to follow up on last month’s blog post, GT Alert, and webinar on the April 13 issuance of a federal register notice by the U.S. Environmental…
Continue Reading The EPA’s Call for Identification of Rules to be Changed Results in a Majority of Comments in Support of EPA Regulation
Federal Court Rejects Citizen Suit to Force Stormwater Permitting Program
Last week, a federal district court in Rhode Island dismissed a citizen suit that sought to radically expand Clean Water Act stormwater permitting programs. In Conservation Law Found’n v. U.S. …
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U.S. EPA Declines to Require Permits for Stormwater Discharges from Commercial Properties
How to regulate stormwater discharges from impervious areas such as parking lots remains a hotly disputed environmental issue. Most recently, U.S. EPA Region 9 rejected a petition filed by environmental…
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U.S. EPA Settles Public Interest Groups’ Challenge to Industrial Stormwater Multi-Sector General Permit
U.S. EPA recently entered into a settlement agreement with public interest groups regarding stormwater permitting requirements that will likely have significant consequences to industrial stormwater dischargers throughout the U.S.
Army Corps’ Jurisdictional Determinations Are Immediately Appealable
As previously covered by this blog, on May 31, in a unanimous ruling, the eight-member U.S. Supreme Court held that a final determination by the U.S. Army Corps of…
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