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U.S. Supreme Court Rules Clean Water Act Permits May Be Required When Point Source Pollution Is Discharged Into Groundwater

U.S. Supreme Court Rules Clean Water Act Permits May Be Required When Point Source Pollution Is Discharged Into Groundwater

Apr 30, 2020 | EnviroConLaw

The U.S. Supreme Court recently issued an opinion in County of Maui v. Hawaii Wildlife Fund that further expands upon its opinions under the Clean Water Act.  This time, the Court addressed the issue of whether the Clean Water Act requires a permit when pollutants...
U.S. EPA Clarifies Temporary Enforcement Policy in the Face of Inspector General Report Showing Drop in Enforcement

U.S. EPA Clarifies Temporary Enforcement Policy in the Face of Inspector General Report Showing Drop in Enforcement

Apr 15, 2020 | EnviroConLaw

In our previous blog post, we advised that companies with federal environmental obligations should review the applicability of U.S. EPA’s temporary enforcement policy, entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.”  In that...
What Should Companies Do If They Cannot Meet Environmental Obligations in the Wake of COVID-19?

What Should Companies Do If They Cannot Meet Environmental Obligations in the Wake of COVID-19?

Apr 2, 2020 | EnviroConLaw

Everyone in the United States has been affected in some way or another by the COVID-19 pandemic, but many companies with environmental compliance obligations are facing impossible situations.  Worker shortages due to the pandemic as well as travel and social...
EPA and Corps of Engineers Release Final Navigable Waters Protection Rule

EPA and Corps of Engineers Release Final Navigable Waters Protection Rule

Feb 20, 2020 | EnviroConLaw, Environmental

On January 23, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers released their final regulations redefining the term “waters of the United States.”  In 2019, the agencies had repealed the Obama Administration’s 2015 “Clean Water...
Lesser-Known (But Important) Exceptions in Construction Stormwater Discharge Permitting

Lesser-Known (But Important) Exceptions in Construction Stormwater Discharge Permitting

Nov 18, 2019 | EnviroConLaw

Most contractors know generally that if their construction work will disturb one acre or more of earth, they may need to obtain coverage under the applicable construction stormwater discharge general permit (“CGP”).  However, there are some instances where doesn’t...
Contractor Private Liability for Stormwater and E&SC Failures

Contractor Private Liability for Stormwater and E&SC Failures

Aug 29, 2019 | EnviroConLaw, Environmental

Most contractors are aware that the failure to properly install and maintain stormwater discharge and erosion and sediment control (E&SC) measures at their construction sites can lead to severe penalties from local, state, and federal authorities.  Violations of...
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