Remove 2012 Remove Clean Water Act Remove Law
article thumbnail

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. 3d —, 2022 WL 952072, at *2 (D.

article thumbnail

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).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

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.

2023 130
article thumbnail

Environmental Penalties: Disparity and Discretion

Acoel

Environmental law enforcement seeks to achieve greater compliance by punishing intentional violations and ensuring that violators do not achieve a competitive advantage through avoidance of compliance costs. Over the last 10 fiscal years (2012-21), state penalties for Clean Water Act violations averaged $12,901.

article thumbnail

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.

article thumbnail

Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy

The Energy Law Blog

In this regard, the legal commentary has placed a high degree of emphasis on the jurisdictional question under Section 404 of the Clean Water Act of whether a planned activity will involve the discharge of dredged or fill material into “waters of the United States.” See 77 Fed. 10184 (Feb.