Apr 24, 2020

U.S. Supreme Court Issues Decision Regarding How the Federal Clean Water Act Applies to Groundwater Discharges

Groundwater Testing

On April 23, 2020, the U.S. Supreme Court issued a decision in County of Maui v. Hawaii Wildlife Fund, a closely watched case regarding whether the federal Clean Water Act (CWA) applies to discharges of pollutants to groundwater which reach surface waters. In County of Maui, the plaintiff environmental organizations brought a citizen suit alleging that the defendant-county was in violation of the CWA in regard to the county’s decades-old practice of injecting partially treated wastewater into groundwater wells.  The wells consistently leaked and tracer dye testing confirmed that over 60% percent of the wastewater injected into the wells wound… Read more

Jul 22, 2013

US Supreme Court Declares Denial of Permit an Unconstitutional Taking

A sharply divided Court has declared that the denial of a permit for the development of a Florida wetland constituted an unconstitutional taking without just compensation.  Justice Alito writing for the majority found that the denial of a land-use permit by the St. Johns River Management District violated the “essential nexus test” used by the court to determine when permit conditions, whether monetary or tangible property requirements, are justified.  Under the terms of the proposed permit, the District required the developer to either reduce the scale of its project and give up control of some of his property, or finance… Read more

Jun 25, 2012

Georgia’s New Storm Water Permit

The Environmental Protection Division of the Georgia Department of Natural Resources must reissue National Pollutant Discharge Elimination System (NPDES) permits every five years.  The previous general permit for industrial storm water discharges was issued in 2006 and expired in 2011.  Facilities covered by the 2006 permit must file an application for a notice of intent by June 30 if they wish to continue to be covered by the 2012 general permit.  This permit applies to industrial and industrial-like facilities, including manufacturing, transportation & logistics, waste treatment and disposal, airports, and water transportation facilities.  It divides industrial activities into different sectors,… Read more