EPA Considers Clarifying Clean Water Act Coverage for Discharges via Groundwater
After 9th Circuit Ruling in Hawaii Wildlife Fund v. County of Maui
There could be changes ahead for Clean Water Act permits. The U.S. EPA has been propelled to take a closer look at its stance on groundwater pollutants. It was recently decided that pollutants that reach waters of the United States through groundwater may bring about Clean Water Act liability. This white paper reviews the Ninth Circuit’s decision and how the EPA has responded.
Jim Rusk is a partner with the Land Use and Natural Resources practice group in Sheppard Mullin's San Francisco office. He specializes in project permitting, compliance and litigation involving endangered species, wetlands and water quality, and related environmental review requirements.
Jim guides landowners and developers through the complex permitting and compliance processes under federal and state natural resources laws, including the Endangered Species Act, the Clean Water Act, the California Fish and Wildlife Code and Porter-Cologne Act, the National Environmental Policy Act and the California Environmental Quality Act. He also represents clients in litigation defending federal and state permits against challenge by project opponents, and in suits challenging arbitrary agency action.
Jim has established strong working relationships with staff at the Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, Regional Water Quality Control Boards and U.S. Department of Justice.
Jim's areas of expertise also include California water rights, federal Indian law, and the USDA's National Organic Program, and he is a member of Sheppard Mullin’s Food and Beverage Industry Team.
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