By Heraclio Pimentel and Ramona Monroe There’s a lot of buzz these days about the Chevron doctrine. Indeed, it’s not uncommon to find headlines that read more like obituaries than your typical, dry legal analysis. These discussions permeate beyond legal and political circles, and it seems everyone has something to say about the “death” of the Chevron doctrine. That’s because…
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Muddy waters: Who needs a discharge permit under the Clean Water Act?
By Joe C. Matteo and Willa B. Perlmutter Have you ever wondered if polluted water that leaks from a settling pond into groundwater and eventually reaches a river is a “discrete” source of pollution? Or why it matters? You can likely envision a scenario where a mining operation has settling ponds that leak into groundwater before eventually entering a waterway.…
Read MoreEPA announces revised WOTUS rule
The Environmental Protection Agency (EPA) announced a new Waters of the United States (WOTUS) rule in response to a May Supreme Court ruling that curtailed which waters are subject to federal Clean Water Act protections. The revised WOTUS rule breaks from longstanding federal waters protections to require that protected wetlands have a clearer link to waterways like oceans and rivers. …
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