Breaking: U.S. Supreme Court Will Weigh in on Clean Water Act Circuit Split, and EPA May Tip the Scale

Big news on the Clean Water Act (CWA). With the backdrop of a major circuit split (previously discussed here), the U.S. Supreme Court has agreed to hear the Ninth Circuit case of County of Maui, Hawaii v. Hawaii Wildlife Fund. The Supreme Court will now have to determine whether discharges of pollutants to surface waters via groundwater are regulated under the CWA. In County of Maui, plaintiff-environmentalists alleged that the wastewater from a municipal wastewater treatment facility was seeping through
Continue reading...

A Trade Off For Clean Water

On February 6, 2019, the U.S. Environmental Protection Agency (EPA) issued its updated Water Quality Trading Policy (Updated Policy). The Updated Policy is an effort to respond to a growing environmental crisis — the over-enrichment of freshwater and coastal ecosystems with nutrients (nitrogen and phosphorus). Sources of nutrients include agriculture run-off, sewage treatment plants, and urban and suburban storm water. Reducing certain nutrients in water is one of the nation’s most challenging environmental issues. At its most basic principle, “[w]ater
Continue reading...

More Challenges Coming Down the Pipeline: 4th Circuit Grants Victory to Green Groups

Building a pipeline is never easy. From planning the route to restoring the pathway, the entire process requires meticulous care, hard work, and even a little luck. These days, the process is more difficult than ever, thanks to the dedicated ingenuity of environmental groups that make it their mission to erect as many regulatory hurdles as possible for pipeline developers. The most recent example of environmental groups’ success in this arena came last week, when the United States Court of
Continue reading...