Tag: NPDES

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

State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit

Today, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial Activities (“Industrial General Permit” or “Permit”).  The long-awaited third revised draft of the Industrial General Permit comes after two previous iterations of the draft … 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
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