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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 into the Pacific Ocean meets this standard. Environmental groups ar...

Compliance Models for Off-Grid Wastewater Treatment and Reuse

Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater management systems, and as a result, face difficulty finding reliable sources of water for daily use. There is a great need to implement novel systems that can fill the gap, especially for isolated or “off-grid” communities.

CITGO Asphalt Refining Co. v. Frescati

The U.S. Supreme Court upheld an appellate court ruling that an oil refining company was responsible for $140 million in damages from a 2004 oil spill in the Delaware River. The owner of the vessel involved in the spill argued that the company it chartered to deliver crude oil from Venezuela to the ...

Federalism's Blind Spots: The Crisis of Small Drinking Water Systems

Drinking water contamination in Flint, Michigan, has garnered much-needed nationwide attention, but such contamination is neither isolated, nor a primarily urban problem. A hidden water crisis is straining thousands of smaller communities that share Flint’s risk factors—shrinking populations, social marginalization, and deficient funds. This Article posits that the Safe Drinking Water Act’s increasingly decentralized monitoring and funding scheme has drained communities of the capacity to deliver safe water.

Environmental Law & Policy Center v. United States Coast Guard

A district court denied summary judgment to environmental groups in a challenge to the U.S. Coast Guard's approval of a contingency plan for a Michigan oil pipeline. The groups argued that the plan failed to respond to a worst-case discharge, as required by the OPA, by failing to consider the need f...