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Criminal Charges Filed Against Former Michigan Governor Stemming from Flint Drinking Water Crisis

Criminal Charges Filed Against Former Michigan Governor Stemming from Flint Drinking Water Crisis

U.S. District Court Holds Issuance of New NPDES Permit Does Not Moot Claims for Violations of Prior Permit If New Permit Is Stayed

U.S. District Court Holds Issuance of New NPDES Permit Does Not Moot Claims for Violations of Prior Permit If New Permit Is Stayed

U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits

U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits

U.S. District Court Reverses Army Corps’ Clean Water Act Jurisdictional Determination—Applies Both Justice Kennedy and Justice Scalia’s Analyses in Rapanos

U.S. District Court Reverses Army Corps’ Clean Water Act Jurisdictional Determination—Applies Both Justice Kennedy and Justice Scalia’s Analyses in Rapanos

U.S. District Court Dismisses Clean Water Act for Pre-Suit Notice Deficiency and Conclusory Statements In Complaint

U.S. District Court Dismisses Clean Water Act for Pre-Suit Notice Deficiency and Conclusory Statements In Complaint

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

By Rebecca Andrews and Patrick Skahan On June 2, 2020, the U.S. District Court for the [...]

U.S. Supreme Court Finds ‘Functional Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S.

U.S. Supreme Court Finds ‘Functional Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S.

By Travis Brooks On April 23, in County of Maui v. Hawaii Wildlife Fund, the U.S. [...]

District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ Under RCRA and the Clean Water Act

District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ Under RCRA and the Clean Water Act

By Nathalie Camarena and Rebecca Andrews Recently the U.S. District Court for the Northern District of [...]

D.C. Circuit Court Finds CERCLA Cost Recovery Claim Against the Federal Government Fails Due to Previous Clean Water Act Consent Decree

D.C. Circuit Court Finds CERCLA Cost Recovery Claim Against the Federal Government Fails Due to Previous Clean Water Act Consent Decree

On February 14, 2020, the D.C. Circuit Court of Appeals determined that the government of [...]