Tag Archives: navigable waters

SCOTUS Opinion: Court Refashions Clean Water Act’s Permit Requirement

Under the Clean Water Act, a party must obtain a permit before adding any “pollutant,” broadly defined from “any point source” to “navigable waters.” In County of Maui, Hawaii v. Hawaii Wildlife Fund, Maui’s sewage plant was pumping millions of gallons of partially treated sewer water into the ground each day, which eventually wound up in the Pacific Ocean. Environmental... Read More >

SCOTUS Opinion: National Park Service Cannot Regulate Navigable Waters

For decades, John Sturgeon drove a hovercraft on the Nation River to get to a moose hunting ground in Alaska. A portion of that river ran through the Yukon-Charley Preserve, which was a designated a conservation unit under the Alaska National Interest Lands Conservation Act. The Act designated as public lands only and being part of such a unit... Read More >

Challenges to EPA “Waters of the United States” Rule Must Be Filed In Federal District Court

The Clean Water Act limits the discharge of pollutants into “navigable waters,” which is defined by Congress as “the waters of the United States.” The EPA issued a Rule to define that term. While most agency rules are properly challenged in the federal district courts, the Act required challenges to rules issuing “any effluent limitation” or “issuing or denying any... Read More >