Posts Tagged ‘#news’
KMCL Represents State in Securing Georgia’s Water Future
KMCL is proud of its role in helping secure Georgia’s water supply future. Our outstanding team, Shelly Jacobs Ellerhorst and John Allen, played an instrumental part in this critical step forward for the State. We thank the Governor and the Attorney General for their continued confidence in us. To see the Attorney General’s press release…
Read MoreFourth Circuit Considers New Clean Water Act Functional Equivalence Test in Kinder Morgan Case
The much-discussed April 2020 Clean Water Act ruling in County of Maui v. Hawaii Wildlife Fund left open the critical question of how courts would apply the qualitative test set forth by the U.S. Supreme Court to determine whether, in the case of groundwater contamination that eventually impacts surface waters, the “functional equivalent” of a…
Read MoreEPA To End COVID-19 Enforcement Discretion Policy
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…
Read MoreSCOTUS Holds Clean Water Act Permits Required for Some Releases to Groundwater
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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