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Regulating the Regulators: Supreme Court Allows Judicial Review of Clean Water Act Determinations

The Energy Law Blog

The Corps’ definition of whether property constitutes “waters of the United States” is significant because the Clean Water Act regulates the discharge of pollutants into “the waters of the United States.” The Corps has defined the waters of the United States very broadly, along the lines of the Commerce Clause.

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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).

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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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The Stream, May 3, 2023: Native Hawai’i Farmers Advocate For Land Back While Restoring Historic Water Systems

Circle of Blue

The Supreme Court will decide which wetland ecosystems are included in the Clean Water Act, the law that regulates the dumping of pollutants into American waters. Amidst drought, farmers in southern Taiwan are being paid not to grow crops as the government reserves water for semiconductor production.

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This isn’t an early April Fools joke — the US Forest Service is applying for a NPDES permit to keep fighting forest fires!

Acoel

Posted on March 28, 2023 by Jeff Porter Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to continue fighting forest fires from the air.

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DEP: Widespread Presence Of PFAS ‘Forever Chemicals’ In Fresh Water Leading Shale Gas Operators To Use Contaminated Water In Fracking Operations; DEP Doesn’t Require Routine PFAS Testing

PA Environment Daily

The determination involved a water well owned by Bryan Latkanich near Fredericktown, Washington County that was approximately 500 feet away and down-gradient from two shale gas wells on a pad originally developed by Chevron Appalachia, but now owned by EQT CHAP, LLC, a subsidiary of EQT Corporation. Read more here.

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You Cannot Just Read the Regulations to Understand Stormwater Permitting for Oil and Gas Activities!

The Energy Law Blog

To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005. CWA §402(l)(2). See 73 Fed. 56,572 (Sept. 29, 2008); 77 Fed. 12,286 (Feb.