Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund
What is the "Functional Equivalent" of a Direct Discharge?
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the Supreme Court’s decision in County of Maui, Hawai'i. v. Hawai'i Wildlife Fund, which sets forth a new test for when discharges to jurisdictional waters via groundwater require NPDES permitting under the Clean Water Act (CWA): when the discharge to groundwater is the "functional equivalent of direct discharge." This program will discuss and debate the critical issues, the current state of the law, what criteria will likely be relevant to the “functional equivalence” analysis, and implications for the regulated community.
- Overview of CWA and groundwater discharge issues
- History of County of Maui v. Hawai’i Wildlife Fund, Circuit Split and EPA’s conflicting guidance
- Functional equivalence test
- Practical considerations and implications to industry and the regulated community
The panel will review these and other relevant topics:
- What is the functional equivalence test from County of Maui v. Hawai’i Wildlife Fund?
- How will County of Maui v. Hawai’i Wildlife Fund impact the regulated community?
- What is the current state of the law?
- What are the best strategies for counseling clients to avoid civil penalties and citizen enforcement?
Sarah Peterman Bell
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.Close
Amanda Shafer Berman
Crowell & Moring
Ms. Berman draws on her extensive appellate and district court experience to achieve the best possible outcome for... | Read More
Ms. Berman draws on her extensive appellate and district court experience to achieve the best possible outcome for clients in a wide variety of litigation, including cases arising under environmental statutes. Prior to joining the firm she served as a senior attorney in the DOJ’s Environmental Defense Section. She briefed and argued over a dozen cases in the federal courts of appeal, winning all matters in which a decision was rendered. Ms. Berman was also lead counsel for the government in dozens of district court matters arising under the CAA, CWA, CERCLA, and other statutes. She achieved successful outcomes for federal clients, including the Department of Defense and EPA through motions practice, trial, and settlement negotiations, setting internal records and making new precedent in several instances.Close
Wilmer Cutler Pickering Hale and Dorr
Ms. Jacobson advises clients facing complex challenges related to compliance with state and federal environmental laws,... | Read More
Ms. Jacobson advises clients facing complex challenges related to compliance with state and federal environmental laws, Superfund cleanup, natural resource damages, endangered species and wildlife management, land use, and energy development. As a seasoned litigator, Ms. Jacobson has worked throughout her career with several federal agencies, states and tribes on a range of issues, from oil spills and mining cleanup to water rights settlements. Ms. Jacobson joined the firm following more than two decades in the federal government, where she handled some of the largest environmental cases in U.S. history and held senior positions at the U.S. Department of Justice, Department of the Interior and Department of Defense.Close