Category: Environmental Law

Supreme Court Agrees to Resolve Circuit Split Over the CWA’s Applicability to Groundwater

Fri Feb 22nd, On Environmental Law, by

On Tuesday, February 19th the United States Supreme Court agreed to resolve a circuit split between the Ninth and Sixth circuits over whether or not Clean Water Act (CWA) liability applies to facilities that pollute navigable waters of the United States via hydrologically connected groundwater. In February 2018, the Ninth Circuit upheld a decision in the case Hawai‘i Wildlife Fund v. County of Maui, that found the county of Maui […]

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Ohio Federal Judge Opens the Door for Environmental Groups to Intervene in Clean Water Rule Suit

Fri Feb 8th, On Environmental Law, by

On Friday, February 1, 2019, Ohio Federal Judge Edmund A. Sargus Jr. granted a Renewed Motion to Intervene, filed jointly by the Natural Resources Defense Council and the National Wildlife Federation (collectively, the “Environmental Groups”), opening the door for the Environmental Groups to intervene as defendants in a suit between plaintiffs States of Ohio, Tennessee, and Michigan and defendant United States Environmental Protection Agency (EPA) over the 2015 Clean Water […]

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Colorado Supreme Court Strikes Down Youth Climate Activist Suit

Wed Jan 23rd, On Environmental Law, by

On January 14, 2019, the Colorado Supreme Court issued a ruling in a lawsuit brought by a group of young climate activists against the Colorado Oil and Gas Conservation Commission over whether the Commission is required to bar permits for projects that would adversely impact human health or contribute to climate change. Siding with the Colorado Oil and Gas Conservation Commission, the Colorado Supreme Court overturned a state appellate court’s […]

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EPA and Army Corps of Engineers Propose New Rule Defining “Water of the United States”

Fri Dec 21st, On Environmental Law, by

On Tuesday, December 11th, The United States Environmental Protection Agency (EPA) and the Army Corps of Engineers released a proposed rule clarifying which waterways in the country are subject to jurisdiction under the Clean Water Act. The rule is intended to rescind and replace President Obama’s 2015 Clean Water Rule, which defined “waters of the United States” for all sections of the Clean Water Act (CWA) “to include the traditional […]

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