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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.” a)(3) (2012). Furthermore, section 404 permits under the Clean Water Act are very expensive.

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

The Energy Law Blog

Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. The 1987 amendments to the Clean Water Act (“CWA”) added language creating a permitting exemption for uncontaminated runoff from Oil and Gas operations.

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Environmental Penalties: Disparity and Discretion

Acoel

To achieve that goal, regulators must balance the desire for uniformity with the need for discretion. Uneven enforcement consequences also lead to the potential for undesirable competition among jurisdictions, as the regulated community seeks to locate in states perceived as “friendly” to business.

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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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