Expanding Scope of Clean Water Act Jurisdiction and Liability: Impact of Recent Circuit Court Opinions
New Standard for Determining When Liability Attaches for Indirect Discharges
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the two recent U.S. Circuit Court opinions on Clean Water Act (CWA) jurisdiction and potential liability. The panel will explore the potential differences in the courts’ standards and the impact on the CWA landscape. The panel will also offer insight regarding what companies and other dischargers need to do to minimize liability risk.
Outline
- The changing CWA landscape
- Upstate Forever v. Kinder Morgan Energy Partners (4th Cir. Apr. 12, 2018)
- Hawai’i Wildlife Fund v. County of Maui (9th Cir. Feb. 1, 2018)
- Potential differences in the standards articulated by the two courts
- EPA
- Minimizing risk of liability going forward
Benefits
The panel will review these and other high priority issues:
- How do the Fourth Circuit and Ninth Circuit decisions change the CWA landscape?
- What interplay is there between the rollback of the Waters of the U.S. Rule and the recent court decisions?
- What steps should companies take in light of Upstate Forever and Hawaii Wildlife Fund?
Faculty
Sarah Peterman Bell
Partner
Farella Braun + Martel
Ms. Bell focuses her practice on environmental and natural resources litigation and counseling in environmental... | Read More
Ms. Bell focuses her practice on environmental and natural resources litigation and counseling in environmental enforcement actions, cost recovery litigation, citizen suits, complex toxic tort litigation, water quality litigation, product liability litigation, private attorneys general actions, and administrative proceedings. She advises clients with regulatory compliance and project development, including representation in permit proceedings. She has experience in counseling, litigation and alternative dispute resolution under major federal and state environmental statutes.
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David J. Lazerwitz
Partner
Farella Braun + Martel
Mr. Lazerwitz focuses his practice on federal and state environmental and natural resource laws, permitting and land... | Read More
Mr. Lazerwitz focuses his practice on federal and state environmental and natural resource laws, permitting and land use matters. He advises public and private clients on issues arising in the renewable and traditional energy, electrical transmission, manufacturing, water services and agricultural sectors. His compliance and permitting practice focuses on water quality, wetlands, environmental impact analysis, endangered species, hazardous waste and federal public lands issues, and responding to agency inspections and administrative enforcement actions. He has extensive experience in all aspects of project and site development, including overall permitting strategies and securing individual permits and approvals.
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