On April 23rd, the U.S. Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. Hawaii Wildlife Fund. The central issue was whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by
Sackett Case Could Be a “Game Changer” on EPA Enforcement
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Back in June, the Supreme Court agreed to hear the case of Sackett v. EPA which could forever change the way EPA enforcement actions are defended. While the case involves an EPA administrative enforcement order for unauthorized filling of a wetland, the ruling potentially impacts EPA enforcement under all its major statutes- RCRA (hazardous waste), Clean Air
EPA Inspector General Reports Impact of Rapanos Uncertainty
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U.S. EPA’s Office of Inspector General released a report regarding the effects of the Supreme Court’s decision in Rapanos on enforcement of Section 404 of the Clean Water Act. The report, titled Comments Related to Effects Jurisdictional Uncertainty On Clean Water Act Implementation, contains some interesting observations and discussion. Bottomline, the lack of clarity