by Mark D. Johnson On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through groundwater to a “navigable water.” In Hawai’i, the Court found that underground injection wells […]
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by Patrick J. Paul On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States (WOTUS) Rule should be adjudicated at the federal District Court level and not the appellate level, the venue […]
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By Michael Ford On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory programs: the Clean Water Act Section 404 (“404”) Permit Program, and the Safe Drinking Water Act Underground Injection Control (“UIC”) […]
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by Michael C. Ford Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis of the key dates and developments (as of this morning!) June 29, 2015. The Environmental Protection […]
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By L. William Staudenmaier Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater]. The Ninth Circuit’s decision has very significant implications for water users […]
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by Patrick J. Paul On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed rule to rescind is consistent with President Trump’s Executive Order signed on February 28, […]
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by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that under the well-established “Winters doctrine,” federal reserved water rights for an Indian reservation extend to […]
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by Karlene Martorana Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome the water deficit in reservoirs along the Colorado River caused by the prolonged […]
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by Patrick J. Paul The Arizona Department of Environmental Quality (ADEQ) announced at the end of January that it would commence a statewide screening program for the presence of lead in school drinking water. The agency declared that its initiative was intended to be proactive and ultimately to identify whether school drinking water contains lead […]
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by Christopher W. Payne The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West. The case is entitled Agua Caliente Band of Cahuilla Indians v. Coachella […]
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