On April 15, 2019, the U.S. Environmental Protection Agency (“EPA”) released a much-anticipated Interpretative Statement on Releases of Pollutants from Point Sources to Groundwater. Last February, EPA received public comments on whether the Agency should revise or clarify its position on whether National Pollutant Discharge Elimination System permits are required for releases of pollutants to groundwater. Since then, both regulators and the regulated have been waiting to see how EPA would respond. EPA’s Statement concludes “releases of pollutants to groundwater ...
On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act. According to scotusblog.com, the move could signal an intent "to ensure that the justices could if they decide to grant review, hear oral arguments and decide the cases by the end of the current term." In both cases, County of Maui v. Hawaii Wildlife Fund and Kinder Morgan Energy Partners LP v. Upstate Forever, the petitioners seek review of Ninth and Fourth Circuit ...