Environment, Land & Resources

Tag Archives: US Supreme Court

US Supreme Court Decision May Affect NRD Trusteeship Determinations

The decision could complicate states’ ability to pursue groundwater natural resource damages actions. By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about their respective interests in groundwater that flows through multiple … Continue Reading

US Supreme Court: Some Discharges Through Groundwater Require Permit

Decision concludes a permit is required if such discharges are the “functional equivalent” of a direct discharge to navigable waters. By Janice Schneider, Maria Hoye, and Ethan Prall On April 23, 2020, the Supreme Court of the United States issued an opinion in County of Maui, Hawai’i v. Hawai’i Wildlife Fund, holding that the Clean … Continue Reading

Supreme Court Grants Certiorari in Clean Water Rule Case Jurisdictional Challenge

By Andrea Hogan, Lucas Quass, John Morris and Steven Mach On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule).[1] The federal Clean Water Act (CWA) provides for original jurisdiction in the … Continue Reading
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