28 May, 2024 Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to the Supreme Court. By Jeff Porter As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the...
04 Jan, 2024 We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges either. By Jeff Porter Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers'...
07 Sep, 2023 Soon we'll have EPA guidance responding to the Supreme Court's Maui decision, but it may not be much. By Jeff Porter The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water...
16 Feb, 2023 Instead of criticizing House Republicans for trying to legislatively determine the reach of the Clean Water Act, House Democrats should try it. By Jeff Porter Inside EPA reports that some House Democrats are criticizing their Republican colleagues for attempting to repeal EPA's eighth attempt to...
31 Aug, 2022 District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod By Jeff Porter In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to...
02 May, 2022 This 1st Circuit Clean Water Act decision makes complete sense except in the real world By Jeff Porter Almost two years to the day after the United States Supreme Court's decision in Maui v. Hawaii Wildlife Fund, the First Circuit Court of...
22 Apr, 2022 Misery may love company but this NGO's attempt to prove two golf courses meet the "functional equivalence" test in the same case seems doomed. By Jeff Porter Some of you may recall that late last year an NGO filed a lawsuit against an operator of a wastewater treatment facility in the mountains...
13 Dec, 2021 Another Maui Case in the Mountains By Jeff Porter Last week another NGO filed suit against another operator of a wastewater treatment facility, this one in the mountains of Montana,...
22 Oct, 2021 The end of the road in Maui? By Jeff Porter Traveling the long and winding road to Hana in Maui is one of the most beautiful experiences one can have in the United States. I'm not...
14 Oct, 2021 What isn't a "pollutant" requiring a permit under the Clean Water Act? By Jeff Porter The County of Maui had another day in court this week, this time pleading with Federal District Judge Mollway to reconsider her renewed...
21 Sep, 2021 Another Ninth Circuit Clean Water Act Decision Promises More Litigation By Jeff Porter Yesterday a split three-judge panel of the Ninth Circuit Court of Appeals determined that a clay manufacturer is entitled to a new trial...
20 Sep, 2021 District Courts Disagree (Again) About the Validity of EPA's Clean Water Act Regulations But This Time It Doesn't Seem to Matter By Jeff Porter Friday, a Federal District Court Judge in California joined most other Federal District Court Judges in concluding that EPA's Clean Water...
17 Sep, 2021 EPA Maui Interpretive Statement, We Hardly Knew Ye! By Jeff Porter EPA's post-Maui statement on the reach of the Federal Clean Water Act has joined other regulations and guidance applying the Clean Water...
02 Aug, 2021 EPA and the Corps of Engineers are heading down the Waters of the United States regulatory road this summer. Will they ever reach their destination? By Jeff Porter Friday EPA and the Army Corps of Engineers announced that between now and Labor Day they will be listening to stakeholders as they kick...
08 Jul, 2021 Refining and funding Clean Water Act implementation would be a great golden anniversary present to the Waters of the United States! By Jeff Porter Thanks Lara Beaven, of Inside EPA, for this piece explaining well how citizen suits in Federal Court are eclipsing the efforts of EPA to...
30 Jun, 2021 Fourteen months later and still waiting for any court to apply SCOTUS's Maui Functional Equivalence Test By Jeff Porter In April of 2020, Justice Breyer, delivering the Supreme Court's opinion in Maui v. Hawaii Wildlife Fund, told us that "the traditional...