At both the federal and Illinois state level, the second quarter of 2023 saw environmental laws and regulations proposed and changed.
U.S. EPA proposes new National Primary Drinking Water Regulation and changes to the Waters of the United States and National Ambient Air Quality Standards
Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters. In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are confident that the statute Congress enacted excludes some waters, and groundwaters are a logical candidate.” In a more recent case involving seeps from unlined coal ash pits at a retired coal-fired power plant, which allegedly migrated through ...
Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al.
No. 18-260, Argued 1/6/2019, Decided 4/23/2020)
Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through ground water for one-half mile to the Pacific Ocean.
In 2012, environmental groups sued under the citizen suit provisions of the Clean Water Act (“Act”), alleging that Maui was “discharge[ing]” a ...
The United States Environmental Protection Agency (“Agency”) issued guidance on April 15, 2019, “clarifying” that releases of pollutants from point sources to groundwater are not subject to the Clean Water Act’s permitting requirements. The Agency, however, announced that its interpretation only applies to states outside the Fourth and Ninth Circuits, because those Courts of Appeal have ruled exactly the opposite on this issue. Upstate Forever v. Kinder Morgan Energy Partners, L.P., 887 F.3d 637 (4th Cir. 2018) (“Kinder Morgan”); Hawai'i Wildlife Fund v ...
