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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Supreme Court Clean Water Act Ruling: Legal Implications and Analysis

The federal government’s authority to regulate wetlands has been the subject of frequent litigation. In Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023), the U.S. Supreme Court clarified the reach of the Clean Water Act (CWA), specifically the meaning of the phrase “the waters of the United States.” Under the Court’s new test, the […]

Author: Daniel T. McKillop

August 22, 2024

Court Rules County of Maui Must Obtain Permit Under CWA

A Hawaii federal judge has concluded that the County of Maui must obtain a permit under the Clean Water Act (CWA) for its wastewater treatment facility… A Hawaii federal judge has concluded that the County of Maui must obtain a permit under the Clean Water Act (CWA) for its wastewater treatment facility, resolving a lawsuit […]

Author: Daniel T. McKillop

August 25, 2021

DOJ Issues Clean Water Act Enforcement Guidance Aimed to Avoid “Piling On”

DOJ recently issued guidance clarifying when the agency will pursue enforcement actions under the Clean Water Act (CWA)… The Department of Justice (DOJ) recently issued guidance clarifying when the agency will pursue enforcement actions under the Clean Water Act (CWA). The policy, “Civil Enforcement Discretion in Certain Clean Water Act Matters Involving Prior State Proceedings,” […]

Author: Daniel T. McKillop

August 12, 2020

SCOTUS Establishes New “Functional Equivalent” Standard for Clean Water Act

The Supreme Court held in County of Maui, Hawaii v. Hawaii Wildlife Fund et al.that permits are required under the Clean Water Act (CWA) when there’s a “functional equivalent of a direct discharge.” By a vote of 6-3, the Supreme Court held in County of Maui, Hawaii v. Hawaii Wildlife Fund et al. that permits […]

Author: Daniel T. McKillop

May 19, 2020

EPA and Army Corps Finalize Navigable Waters Protection Rule

On January 23, 2020, the EPA and the U.S. Army Corps of Engineers finalized the Navigable Waters Protection Rule On January 23, 2020, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) finalized the Navigable Waters Protection Rule. The controversial rule redefines “waters of the United States” and narrows federal […]

Author: Daniel T. McKillop

March 6, 2020

Will SCOTUS Decide Groundwater Contamination Liability Under Clean Water Act?

It is increasingly likely that the U.S. Supreme Court will intervene to resolve disputes over the limits of groundwater contamination liability under the Clean Water Act (CWA). A circuit split recently developed with the Sixth Circuit Court of Appeals ruling that two power plants did not violate the CWA when contaminants from their coal ash ponds leached into the local groundwater.

Author: Daniel T. McKillop

October 12, 2018

EPA Moves Forward with Rewrite of the Clean Water Rule

The U.S. Environmental Protection Agency (EPA) is moving forward with its rewrite of the Clean Water Rule. The agency recently sent its proposal to redefine “Waters of the United States” (WOTUS) to the White House Office of Management and Budget for review.

Author: Daniel T. McKillop

July 25, 2018

Clean Water Act

New Decision Expands Potential Liability Under Clean Water Law

A recent Ninth Circuit Court of Appeals decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 has significantly muddied the waters regarding potential liability under the Clean Water Act.

Author: Daniel T. McKillop

March 5, 2018

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