The Clean Water Act gives the federal government broad authority to regulate pollutants entering “navigable waters” of the United States. But where does the jurisdiction of the federal government, under the CWA end and that of the states begin?
Does, for example, the CWA regulate pollutants which enter navigable waters via a non-navigable water such as groundwater? In the context of a circuit court split, that is the issue now before the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund.
Womble Bond Dickinson attorneys Ric Morton, Todd Billmire and Brad De Vore explore this debate—and the lower court decisions leading up to it—in a new Law360 article. Click here to read the rest of the article at Law360 .
Also, click here to read “SCOTUS Will Review Ninth Circuit Decision on Scope of Clean Water Act Jurisdiction” by Morton, Billmire & De Vore.
Ric Morton counsels companies in federal and state regulatory compliance and dispute resolution. His practice focuses on environmental regulatory compliance, litigation and enforcement defense, as well as toxic tort and products liability litigation.
Todd Billmire represents a variety multinational manufacturers, energy companies, utilities, and municipalities in environmental litigation and compliance matters. Prior to practicing law, he worked as an environmental consultant focusing on site assessment, site remediation, and environmental compliance.
Brad De Vore has spent more than 30 years developing a leading practice that includes extensive toxic tort and environmental litigation experience for many domestic and multinational clients in sectors such as energy, chemicals, electronics, construction and real estate development.