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

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

In efforts to curb pollution from agricultural operations, is RCRA the new Clean Water Act?

Agriculture is a major source of pollution for a number of our nation’s impaired waters, including the Chesapeake Bay.  For that reason, government agencies and environmental organizations have targeted agricultural operations as part of their clean water enforcement initiatives.  However, … Continue reading