Our colleagues in the environmental practice have published a LawFlash analyzing the implications of the recent US Supreme Court ruling that the Clean Water Act (CWA) requires a permit when there is a direct discharge (or the functional equivalent of a direct discharge) from a point source into navigable waters.
The decision, which rejects US Environmental Protection Agency (EPA) guidance, will require EPA to revisit its interpretative statement and consider the issuance of administrative guidance on the application and implementation of the Court’s decision.