On June 30, 2020, the Environmental Protection Agency (EPA) announced that it plans to terminate its controversial COVID-19 Enforcement Discretion Policy (Policy) on August 31, 2020. The temporary Policy allowed EPA to exercise case-by-case enforcement discretion for environmental legal obligations during the COVID-19 public health emergency. The Agency cites public health response and economic recovery…

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In a highly anticipated decision yesterday, the Supreme Court announced on a 6-3 basis that Clean Water Act permits are required under certain circumstances for point source pollutants that reach jurisdictional waters through groundwater.  On the critical question of which circumstances, the Court announced a fact-dependent, qualitative test: a CWA permit is required for point…

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