EPA Muddies the Water on Permitting Discharges to Groundwater and What the Biden Administration Will Likely Do About It
By EsqSocial Corporation 05/01/21
In a June 2020 QuickStudy, I wrote about the implications of the Supreme Court’s April 2020 decision in County of Maui, Hawaii v Hawaii for permitting projects that discharge pollutants to groundwater that ultimately impacts navigable waters. In that decision, the Court defined several factors to determine whether discharges to ground water were the “functional equivalent” of discharges to navigable waters and therefore required a National Pollution Discharge Elimination (“NPDES”) Permit....
By: Locke Lord LLP