EPA Seeks Comments After Controversial Ninth Circuit Decision

EPA Seeks Comments After Controversial Ninth Circuit Decision

Feb 20, 2018

Client Alert

Brownstein Client Alert, February 20, 2018

In response to the Ninth Circuit’s recent opinion in Hawai’i Wildlife Fund v. County of Maui, the U.S. Environmental Protection Agency (“EPA”) is now seeking public comments on the proper scope of its authority under the Clean Water Act (“CWA”). In brief, the Ninth Circuit held that discharges of pollutants from a point source to navigable waters are regulated by the CWA regardless of whether the pollutant enters navigable waters directly or indirectly from another source, such as groundwater (see our client alert on the Hawai’i Wildlife Fund case here).

To read the full alert, click the PDF above. 

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Christine A. Jochim Of Counsel T 303.223.1163 cjochim@bhfs.com
Ronda L. Sandquist Shareholder T 303.223.1191 rsandquist@bhfs.com
Michael P. Smith Associate T 303.223.1150 msmith@bhfs.com
Ryan Waterman Shareholder T 619.702.7569 rwaterman@bhfs.com