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After two years assisting and regulating various industries, Daniel applies his prior experience as a wastewater pretreatment coordinator to assisting clients with environmental issues. Daniel enjoys working with various entities to help them understand how to comply with environmental regulations and statutes. In addition, he represents clients in court or in front of various agencies when necessary. In particular, Daniel has experience with permitting, reporting, inspecting and working with the Environmental Protection Agency (EPA).

In response to the COVID-19 pandemic, courts and litigants are reinventing civil litigation – holding hearings on Zoom or Skype, using emails and conference calls to communicate status, and taking remote depositions. That said, “virtual discovery” is not new. Since 1993, the Federal Rules of Civil Procedure expressly authorized taking depositions by remote electronic means. States including Ohio, Massachusetts and Texas have followed suit. See, e.g., Ohio R. Civ. P. 30(b)(6); Mass. R. Civ. P. 29; Tex. R. Civ. P. 199.1

The Trump Administration, through the EPA and Corps, announced its new regulatory definition for WOTUS on December 11, 2018. Shortly after the government shutdown ended earlier this year, the proposed rule appeared in the February 14, 2019, Federal Register and EPA held a public hearing in Kansas City, Kansas, on February 27th and 28th. Much

In Part 1 of our Clean Water Act (CWA) Series, we reported on the circuit split between the Fourth, Sixth, and Ninth Federal Circuit Court of Appeals regarding whether indirect discharges to Waters of the United States (WOTUS) through groundwater required a CWA permit. On February 19, 2019, the Supreme Court agreed to hear arguments

Under the Clean Water Act

The Clean Water Act (CWA or the Act) expressly forbids the discharge of pollutants without a permit. The term “discharge of pollutants” means the “addition of any pollutant to navigable waters from any point source.” Any discharge of pollutants must be covered under a federal or state discharge permit (e.g., a U.S. Army Corps of Engineers permit for the discharge of dredged and fill material or a National Pollution Discharge Elimination System (NPDES) permit for the discharge of other pollutants); otherwise the discharge would be in violation of the CWA. If it does not constitute a discharge of pollutants, then the release does not violate the CWA.

A flurry of recent cases around the United States has created a circuit split over whether the CWA governs discharges to groundwater that eventually add pollutants to navigable waters. However, there are a few points these courts seem to agree on.