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Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

Acoel

The Supreme Court is stepping once more into Clean Water Actwaters of the United States,” more popularly known as WOTUS. If you’re a Clean Water Act wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!” United States.

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UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits

Vorys Law

Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021. Ohio EPA did not finalize its 401 WQC until March 4, 2021.

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Court Vacates CWA Section 401 Certification Rule

National Law Center

In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020. The post Court Vacates CWA Section 401 Certification Rule appeared first on National Agricultural Law Center.

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The Supreme Court Looks for a Middle Ground to Determine When Clean Water Act Permit is Required for Discharges to Groundwater

The Energy Law Blog

where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions). 22250 (Apr.

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District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds

MGKF Law

On January 3, 2024, the United States Court of Appeals for the Tenth Circuit reversed a district court decision that held that a Colorado gold mining company’s operation of four settling ponds constituted an unpermitted discharge of pollutants into navigable waters under the Clean Water Act (“CWA”).

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Guest Essay: Before The Federal Clean Water Act, There Was The Rivers And Harbors Act Of 1899 To Help Clean-Up Pittsburgh’s 3 Rivers

PA Environment Daily

He died in 2020. For a further account of his Refuse Act prosecution, see his autobiography, “ Where The Evidence Leads.” In 1995 he became Secretary of Environmental Protection in Pennsylvania. Dick Thornburgh was US Attorney in Pittsburgh, and later a two-term Governor of Pennsylvania and Attorney General of the United States.

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Storm Sewers and Impervious Cover in Maryland: A Further Update

E2 Law Blog

The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part by imposing obligations on municipal separate storm sewers (MS4s) beyond the statutory minimum imposition of control to the “maximum extent practicable” or “MEP.”