Category Archives: Clean Water Act

A Classic Distinction Between Legal Remedies and Equitable Remedies: 1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act

Posted on May 13, 2022 by Erik McHale

The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA). The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in … Continue reading →

Posted in Clean Water Act, Environmental | Tagged Clean Water Act, Environmental, First Circuit | Leave a comment

EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act

Posted on April 18, 2019 by David McCay

In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA). The answer: “No.” EPA’s 57-page … Continue reading →

Posted in Clean Water Act, Environmental, Hazardous Materials | Tagged "Waters of the U.S.", Clean Water Act, CWA, Environmental Protection Agency, EPA, Hawai'i Wildlife, Interpretive Statement | Leave a comment

A Landfill Is Not a “Point Source” Under the Clean Water Act, So Says the 4th Circuit and D.Mass.

Posted on November 30, 2018 by David McCay

Two recent rulings address the issue of whether a landfill is a “point source” under the Clean Water Act, 33 U.S.C. § 1251 et seq. (CWA), Sierra Club v. Virginia Electric et al and Toxics Action Center et al v. … Continue reading →