Tag: National Pollutant Discharge Elimination System

Injection Well Operators Beware: Ninth Circuit Finds Underground Injection Wells Require NPDES Permit under the Federal Clean Water Act

On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s decision, finding that the County of Maui violated the Clean Water Act (“CWA”) when it discharged treated effluent into underground injection wells, which then allowed the effluent to seep into the Pacific Ocean.  The Ninth Circuit panel held … Continue Reading

Center for Biological Diversity Files Complaint Against Federal Agencies to Halt Offshore Fracking in California

On Thursday, Feb. 19, the Center for Biological Diversity (“CBD”) filed suit against the Bureau of Ocean Energy Management (“BOEM”), the Bureau of Safety and Environmental Enforcement (“BSEE”), and the Department of the Interior (“DOI”) in the U.S. District Court for the Central District of California. (CBD v. Bureau of Ocean Energy Management et al., … Continue Reading

Supreme Court Reverses Ninth Circuit in Clean Water Act Case

When polluted storm water flows from a concrete-lined river channel to an unlined portion of the same river, does that movement of water constitute a “discharge of pollutants” under the Clean Water Act? Answering “no” in a short five-page opinion, the Supreme Court reversed the Ninth Circuit Court of Appeals in its recent decision, Los … Continue Reading