Searching Content indexed under Water by Seth Jaffe ordered by Published Date Descending.
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More Sauce For The Chevron Goose
Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under ง 401 of the Clean Water Act.
United States
15 Aug 2019
When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the "give me a break"
United States
19 Jun 2019
MassDEP Proposes To Ratchet Down PFAS Standards
On Friday, MassDEP proposed a number of revisions to the Massachusetts Contingency Plan, including reporting and cleanup standards for PFAS. The proposed GW-1 standard
United States
6 May 2019
EPA Weighs In On Whether Discharges To Groundwater Can Be Subject To The CWA — You Won't Be Surprised At The Answer
On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements.
United States
2 May 2019
Deadlines For Permit Issuance Are Double-Edged Swords
On Friday, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the FPA may not reach private agreements with states to circumvent the FPA requirement that states act on water quality...
United States
1 Feb 2019
The WOTUS Rule And The Purpose Of The Clean Water Act
A lot of proverbial ink has been spilled regarding the Trump administration's proposal to amend the definition of "waters of the United States" under the Clean Water Act.
United States
19 Dec 2018
Two Strikes Against The Administration's WOTUS Suspension Rule
In August, a judge in South Carolina issued a nationwide injunction against the "Suspension Rule," which delayed the effective date of the 2015 Waters of the United States rule. Now, a judge in Oregon has gone even further.
United States
3 Dec 2018
Are Discharges To Groundwater Potentially Subject To The Clean Water Act? A Circuit Split Tees It Up.
The Sixth Circuit ruled earlier this week that discharges to groundwater are not subject to Clean Water Act jurisdiction.
United States
1 Oct 2018
A Leaking Settling Pond Is Not A Point Source
On Wednesday, the 4th Circuit Court of Appeals reversed a District Court ruling and rejected the Sierra Club's citizen suit against Virginia Electric Power alleging that releases of arsenic from
United States
17 Sep 2018
How Much Does Trump Even Care About Deregulation?
On Thursday, the Trump Administration's "Suspension Rule," which delayed implementation of the Obama Waters of the United States Rule for two years was struck down.
United States
24 Aug 2018
Score One For Rational Regulation: The 2nd Circuit Rejects Environmental And Industry Challenges To EPA's Cooling Water Intake Structure Rule
On Monday, the 2nd Circuit Court of Appeals rejected all challenges to EPA's cooling water intake structure rule. Notwithstanding the Court's rejection of the industry challenges, it's a big win for industry.
United States
27 Jul 2018
WOTUS: Legal Issue Or Scientific Issue?
Last week, EPA and the Army Corps issued a Supplemental Notice of Proposed Rulemaking in support of their efforts to get rid of the Obama WOTUS rule. It's a shrewd but cynical document.
United States
24 Jul 2018
WOTUS, SCHMOTUS. Can The Corps Reach A Reasoned Jurisdictional Determination In Less Than 12 Years?
The debate over the definition of "Waters of the United States" goes on and on.
United States
12 Jul 2018
Another Ruling That Discharges To Groundwater May Be Subject To The Clean Water Act
Last week, the 4th Circuit Court of Appeals – not the most liberal court in the land – joined the 9th Circuit in ruling that discharges from a point source to groundwater can be subject to the Clean Water Act.
United States
20 Apr 2018
NGOs Again Fail To Establish That EPA Has A Non-Discretionary Duty Under The CWA Stormwater Regulations
Judge George Russell has ruled that EPA does not have non-discretionary duty under the Clean Water Act to determine whether commercial, institutional, and industrial users contribute to a violation of water quality criteria in the Back River watershed.
United States
13 Feb 2018
The 9th Circuit Weighs In — Discharges To Groundwater Are Subject To The Clean Water Act
As I've previously discussed, whether a discharge to groundwater may be subject to Clean Water Act jurisdiction is currently in dispute.
United States
5 Feb 2018
EPA Approvals Of TMDLs Are Not "Drive-By Permitting Determinations"
Last week, the First Circuit Court of Appeals rejected the Conservation Law Foundation's argument that EPA's acceptance of TMDLs in Rhode Island and Massachusetts carried with it a concomitant...
United States
30 Jan 2018
The Supreme Court Sends WOTUS Rule Challenges To The District Courts — It's Good To Be King (Video)
On Monday, the Supreme Court ruled that challenges to the WOTUS Rule must be heard in the district courts. At a certain level, the decision was easy and obvious – as evidenced by the absence of any dissent.
United States
24 Jan 2018
Significant Nexus Lives! (For Now, In the 9th Circuit)
discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary of the Boulder River ...
United States
30 Nov 2017
When Is A Discharge To Groundwater Subject To The Clean Water Act? Can You Say "Significant Nexus"?
Whether the Clean Water Act regulates discharges to groundwater has been a topic of significant debate. At this point, there seems to be something of a trend in the cases ...
United States
14 Nov 2017
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