Environmental Pulse

In Mississippi v. Tennessee, a potentially consequential case for groundwater rights in the Ogallala Aquifer, the court rejected Mississippi’s claim that Tennessee had stolen its groundwater. The Supreme Court has issued an opinion in the long-running dispute over groundwater in the Middle Claiborne Aquifer.  That aquifer underlies Mississippi, Tennessee, and […]

Members of the regulated community who oppose this expansion of federal jurisdiction under the Clean Water Act will have 60 days to submit written comments. The Clean Water Act, 33 U.S.C. § 1251 et seq. is the primary federal statute regulating water quality in the United States.  It uses the […]

The Biden Administration is expanding the scope of federal jurisdiction by amending the definition of the term ‘waters of the United States.’ Do you need a permit? The Clean Water Act, 33 U.S.C. § 1251 et seq. (the “CWA”) is the primary federal statute regulating water quality in the United […]

The Trump administration had limited application of County of Maui v. Hawaii Wildlife Fund, allowing some unintentional discharges to go without a permit.  That limitation is no longer in place.   The U.S. Environmental Protection Agency (the “EPA”) recently rescinded its Trump-era guidance for indirect discharges of pollutants under the […]

Millions rely on interstate groundwater for municipal, agricultural, or industrial uses.  The Supreme Court has never determined how to allot it. On October 4, 2021, the U.S. Supreme Court heard oral arguments in Mississippi v. Tennessee, S. Ct. Orig. No. 143, an interstate fight over the groundwater in the Sparta-Memphis […]