U.S. Supreme Court,
Environmental & Energy
Jan. 12, 2021
Implementing high court ruling shows fluidity of CWA discharge permits
The question of whether the Clean Water Act requires a permit for a discharge has long been settled law — except when it’s not.
Ana Schwab
Andre Monette
Partner
Best Best & Krieger LLP
The question of whether the Clean Water Act requires a permit for a discharge has long been settled law -- except when it's not. When the discharge is to a water body that does not meet the traditional definition of navigable (i.e., a body of water that is capable of being used for commercial navigation), courts and the U.S. Environmental Protection Agency have struggled to find consistent positions. Both have adopted a variety of standards, and with each change, have...
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