Making Challenges to an Impaired Waters Listing Stick

This article is reprinted with the permission of Law360, where it originally appeared on July 30, 2014, under the title “Arguing Injury Can Prevent Harm From EPA Water Listing.” The listing of a water body as impaired under the Clean … Continue reading

U.S. Supreme Court defers to EPA in ruling stormwater discharges from logging roads exempt from Clean Water Act permitting requirements

Last week, in Decker v. Northwest Environmental Defense Center, No. 11-338 (U.S., Mar. 20, 2013), the United States Supreme Court held that discharges of channeled stormwater runoff from logging roads are exempt from NPDES permitting requirements under Clean Water Act … Continue reading

The bombshell Supreme Court opinion that wasn’t

A case that could have had explosive implications both on the question of jurisdiction under the Clean Water Act and on the Act’s regulation of stormwater discharges from urbanized areas instead barely registered a fizzle when the United States Supreme … Continue reading