847.202.0418  |  info@lmawma.org

847.202.0418  |  info@lmawma.org

The Changing Scope of Federal Power Under the Clean Water Act: Are Discharges of Pollutants From a Point Source to Groundwater Regulated Under the Clean Water Act?

by Gabrielle E. Thompson, Ankur K. Tohan; K&L Gates LLP 21 November 2019 On Wednesday, November 6, 2019, the U.S. Supreme Court heard oral argument in County of Maui, Hawai´i v. Hawai´i Wildlife Fund,[1] a case that considers whether the Clean Water Act (“CWA”) applies to discharges of pollutants from point sources into groundwater that eventually flows into navigable waters. The Supreme Court’s consideration of that question comes at a time when there is disagreement between the U.S. Environmental Protection Agency (“EPA”) and federal courts about whether such discharges are regulated by the CWA. In April, EPA released guidance that interpreted the CWA as categorically excluding the release of pollutants to groundwater from regulation under the CWA.[2] EPA’s interpretation, however, runs counter to last year’s Ninth Circuit’s decision in Hawai’i Wildlife Fund v. County of Maui,[3] which held that certain discharges of pollutants to groundwater are subject to CWA regulation. That decision is now on review in the Supreme Court in County of Maui. The Supreme Court’s decision in County of Maui has the potential to have far-reaching impacts on the scope of the CWA.[4] (more…)

Annual Holiday Networking Reception

Wednesday, December 4, 2019  

5:30 – 7:30 p.m.

 Join fellow A&WMA members and guests to celebrate the Holiday Season.  We’ll be at a new location this year:

Little Toasted, 300 S Riverside Plaza, Chicago

This event is always an enjoyable, relaxing, fun evening that provides the opportunity to meet fellow environmental professionals in a non-business setting. You will have a chance to network with your peers and their guests while enjoying cocktails and delicious hors d’oeuvres (included in registration fee).

Attendees are invited to bring a guest and help us celebrate the holiday season. There is a small fee ($20) to attend this year, but if you’re a Student we invite you to join us for $10.  You can register to attend by clicking on the registration link below.  

Sponsorship Opportunities are available for $100

Register Now!

The Chicago Ozone Nonattainment Area Status Has Become a Moving Target

The ink is barely dry on the reclassification of the Chicago ozone nonattainment area from moderate to serious, under the 2008 ozone National Ambient Air Quality Standards (NAAQS), and the Illinois Environmental Protection Agency (IEPA) intends to seek redesignation to attainment.  According to IEPA staff, the agency has data supporting a request for redesignation to attainment of the 2008 NAAQS based on the latest 2019 monitoring values.  The IEPA’s goal is to submit the request for redesignation to the U.S. Environmental Protection Agency (USEPA) in January 2020.

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DOJ Policy Review of SEPs May Have Big Implications for Company Environmental Settlements

Department of Justice sign, Washington DC, USA

The U.S. Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions. This review could potentially have far-reaching implications for companies that seek to settle such actions brought by either the federal government, or in the case of a citizen suit, a non-governmental organization (NGO). It remains to be seen if the ongoing SEP policy review will result in additional limits on the use of SEPs in settlement, thus limiting the flexibility in achieving penalty mitigation that has been a hallmark of environmental enforcement case resolutions for nearly three decades.

 

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Join us at the 2019 Annual Holiday Reception on Wednesday, December 4, 2019

at a new location:  Little Toasted