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
Fourth and Sixth Circuit decisions give power plant operators additional defenses to citizen suits pending potential Supreme Court review of “groundwater conduit” theory. By Joel C. Beauvais and Stacey L. VanBelleghem Over the past month, two US Courts of Appeals have rejected Clean Water Act (CWA) citizen suits seeking to hold power companies liable for … Continue Reading
Polluters of one of China’s most polluted waterways are increasingly facing prosecution through coordinated local and national efforts. By Paul A. Davies and R. Andrew Westgate Chinese authorities have been increasing their efforts to prosecute environmental offenders along the Yangtze River, the third-longest river in the world and the longest in Asia. The crackdown reflects … Continue Reading
China’s uneven distribution of water sources presents unique difficulties to China as demand for water is increasing rapidly. By Paul A. Davies and R. Andrew Westgate China’s water supply problems are well-known globally. However, the main problem facing China is how to distribute its water, rather than lack of water per se. 80% of China’s … Continue Reading
By Richard P. Bress, Philip J. Perry, Andrew D. Prins, Ryan Baasch and Alexandra Shechtel On February 26, for the first time ever, a federal district court has enjoined a California Proposition 65 warning requirement on First Amendment grounds. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 — colloquially known as “Proposition … Continue Reading
By Paul Davies and Andrew Westgate In reforming and updating its environmental laws, China has until recently been focusing on air pollution. Attention is now turning to addressing water and soil pollution as well. For example, the Chinese government is now considering more robust penalties for those responsible for water pollution, indicating that the government … Continue Reading
