Environmental and Natural Resources

Mining Industry on the Losing End of Two Clean Water Act Cases

by Michael C. Ford The mining industry was on the losing end of two recent Clean Water Act cases.  Stone v. High Mountain Mining Company, LLC,[1] was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit.  High Mountain’s operations include […]

| 6 min read | Tagged: , , , , ,
MF

Idaho Finally Joins the EPA Primacy Party for Water Pollutant Discharge

by Andrew Hawes In 2014, what did Idaho, New Mexico, New Hampshire and Massachusetts have in common? Answer: the only states in the Union where pollutant discharge in waterways was overseen by the federal government (the U.S. Environmental Protection Agency), rather than the state.  At the time, pollutant discharge permitting was administered though the National […]

| 4 min read | Tagged: , , ,
AH
Former Counsel

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

by Anthony W. Merrill Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s decision may drastically redefine the scope of the CWA, impacting permitting across the country. The potential implications for regulated parties […]

| 5 min read | Tagged: , , ,
AM