"Point source" construed
Maui, Hawaii v. Hawaii Wildlife Fund
The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged...
Plain Meaning, Precedent, and Metaphysics: Interpreting the “Point Source” Element of the Clean Water Act Offense
This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most...
Tri-Realty Co. v. Ursinus College
A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the...
Northwest Environmental Defense Center v. Brown
The Ninth Circuit, in an amended opinion, held that stormwater runoff from logging roads that is collected by and...
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