NPDES program

Ninth Circuit rules Clean Water Act permit required for indirect discharge to ocean waters

Maui County can’t evade permitting requirements by sending wastewater to injection wells hydrologically connected to ocean waters

It was a great exam question (at least I thought so — you’ll have to ask my Environmental Law and Policy students if they agree): does the disposal of treated wastewater from a municipal wastewater treatment plant into the ground through injection wells located a short distance from the ocean require  an NPDES permit under …

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The Clean Water Act, Federalism, Big Money and the California Supreme Court

Ill-considered Supreme Court Decision Threatens California’s Administration of Clean Water Act Permit Program

The California Supreme Court recently issued a little-noticed decision on a seemingly arcane state public finance issue that could well wind up having a dramatic, negative effect on California’s continued ability to administer the federal Clean Water Act’s permit program in the Golden State. The case is Department of Finance v. Commission on State Mandates.  In …

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What to expect in the logging roads case

Cross-posted at CPRBlog. This coming Monday, Dec. 3, the U.S. Supreme Court will hear oral argument in the logging roads case. The case involves two consolidated petitions, Decker v. Northwest Environmental Defense Center and Georgia Pacific v. Northwest Environmental Defense Center , both challenging the same decision of the Ninth Circuit, Northwest Environmental Defense Center …

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