The United States Supreme Court agreed today to consider the issue of whether a Federal Clean Water Act (“CWA”) permit is required for discharges of pollutants from point sources that reach CWA navigable waters through a groundwater conduit. By taking up this case, the Supreme Court will hopefully resolve a current Circuit Court split between

The jurisdictional reach of the federal 1972 Clean Water Act, which hinges on the definition of “navigable waters” or the “waters of the United States,” has been the subject of hot debate, consternation and interpretation – with plenty of litigation, regulation, agency interpretative guidance, inter-agency memorandum of agreements, more litigation, new regulations, supplemental agency guidance

Back in 2009, we reported here that the United States EPA was imposing significant penalties on parties for violating the Clean Water Act’s stormwater permitting requirements for construction projects.  The enforcement of these violations continues with a new penalty settlement announced by EPA against Toll Brothers, Inc. on June 20, 2012.

In the settlement, Toll

In June 2008, the United States Environmental Protection Agency announced a $4.3 million dollar settlement against four national residential real estate development companies. The government alleged that those companies violated the federal Clean Water Act (“CWA”) requirements addressing the discharge of stormwater (i.e., rainwater/snow melt runoff) from construction sites. Under the CWA, a permit and a stormwater