On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court did not err when it rejected plaintiff’s direct discharge theory and (2) the district court did err when it held that plaintiff did not provide sufficient notice. …
On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of an allegation that a party violated the National Pollutant Discharge Eliminating System (NPDES) permit system under the Clean Water Act. It did so notwithstanding the defendant’s allegation that Supreme Court precedent overruled that interpretation. …
On August 30, 2021, the U.S. District Court for the District of Arizona vacated the April 2020 Navigable Waters Protection Rule in which the Trump Administration revised the definition of Waters of the United States (WOTUS). The court is still weighing whether (a) to restore the Obama-era WOTUS rule, which more broadly defines jurisdictional areas; or (b) simply to undo the Trump rollback, which would result in a return to pre-Obama WOTUS regulations.
This ruling affects those states within the jurisdiction of the court and may apply more broadly within the jurisdiction of the U.S ...
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