Environmental and Natural Resources

Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA).  The Court in Sackett v. EPA held that “the CWA extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their […]

| 3 min read | Tagged: , , , , ,
MF
JH
Associate
LN

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Mark D. Johnson On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through groundwater to a “navigable water.” In Hawai’i, the Court found that underground injection wells […]

| 2 min read | Tagged: , , ,
MJ
Former Partner