Category Archives: Clean Air Act

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Ninth Circuit: “Indirect” Discharges Through Groundwater Can Lead to Clean Water Act Liability

On February 1, 2018, the United States Court of Appeals for the Ninth Circuit held that a pollutant need not be discharged from a point source directly  into navigable water to be subject to NPDES permitting requirements and that therefore Clean Water Act liability can attach to point source discharges through groundwater to navigable water. … Continue Reading

DC Circuit Vacates Stay of Clean Air Act Methane Rule – a Canary in EPA’s Regulatory Reform Coal Mine?

Immediate reaction to the D.C. Circuit’s July 3 ruling in Clean Air Council v. Pruitt spanned the predictable political divide.  The decision was either a major rebuke of the administration’s efforts to rethink a number of environmental regulations, or it merely represented a case-specific blip on the policy radar screen.  A close reading of the … Continue Reading