Last year, we reported on Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C. Cir. 2013). In that case, a coal mining company argued that the U.S. Environmental Protection Agency (EPA) had exceeded its statutory authority when it invoked … Continue reading
Tag Archives: CWA Section 402
Do water transfers require NPDES permits? The debate continues.
Whether or not a discharge qualifies as a “discharge of a pollutant” determines whether or not it is regulated under the Clean Water Act, which has significant consequences for the person discharging. Section 301 of the Act broadly prohibits “the discharge … Continue reading
The waiting is the hardest part: Eleventh Circuit rejects novel attempt to circumvent citizen suit notice provision
Frustrated at having their Clean Water Act (CWA) citizen suits blocked time and again by a state regulator, a couple of environmental organizations tried to avail themselves of a seldom invoked exception to the CWA citizen suit notice provision. Without … Continue reading